1st  SESS.  12tli  CEN.  ASS.,  1862. 


THE 


ACTS  AND  RESOLUTIOiNS 


ADOPTED^^AT  THE  1st  SESSION 


12TH  GENERAL  ASSEMBLY  OF  FLORIDA, 


Uosiiii  and  Held    at  tUe  <'a|»itul,    iu    the  City  ol*  Tsilla- 
liaKNee,  on  .^loiiday,  .^'«vein1>ei-  17,  1N02. 


PUBLISHED  BY  AUTHORITY  OF  LAW, 

UNDER  TIIH  DIRECTION    OF  THE  ATTORNEY  GENERAL. 


OFFICE  OF  THE  FLOIUDIAN  &  JOURNAL. 

PRINTED   BY    DYKE    <fe    CARLISLE. 
1863. 


f 


THE 

WILLIAM  R.  PERKINS 

UBRARY 

OF 

DUKE  UNIVERSITY 


Rare  Books 


Imt  SESS.  12tb  GEIV.  ASS.,  1862. 


THE 


ACTS  AID  RESOLUTIONS 


ADOPTED  AT  THE  1st  SESSION 


OF   THE 


12TH  GENERAL  ASSEMBLY  OF  FLORIDA, 


IfcgiiEi  and  Held   at  tlic  l'ai>itol,   in   tlic  City  of  Talla- 
liassec,  on  IVIontlay,  I\oTenil>er  17,  1S63. 


UNDER  THE  DIRECTION  OF  THE  ATTORNEY  GENERAL. 


Cdiafjassa : 


OFFICE  OF  THE  FLORIDIAN  &  JOURNAL 

PRINTED   BY    DYKE    &   CARLISLE. 

1862. 


Digitized  by  tine  Internet  Archive 
in  2010  witii  funding  from 
Duke  University  Libraries 


http://www.archive.org/details/actsresolutionsa01flor 


TITLES 

OF 

ACTS  AND  RESOLUTIONS 

PASSED    AT   THE 

First  Session  of  the  Twelfth  General  Assembly 


OF   THE 


STATE  OF  FLORIDA, 

1863. 


An  act  to  authorize  the  Executors  of  James  Abcrcrombie,  Sr.,  to  sell  proiJcrty 
in  certain  cases. 

Au  act  to  allow  officers  of  incorporated  companies  to  hold  their  offices  until 
their  successors  are  elected,  where  such  elections  cannot  be  held  on  account 
of  the  war. 

An  act  to  authorize  the  removal  of  slaves  and  other  property  from  this  State. 

An  act  rcquirin!^  lii^iuial  reports  from  Board  of  Trustees  of  Internal  Improve- 
ment Fund. 

Au  act  for  the  relief  of  Richard  Saunders,  Sheriff  of  Leon  count}-. 

An  act  to  amend  an  act  concerning  wills,  letters  testamentary  and  letters  of  ad- 
ministration, snd  the  duties  of  Executors,  Administrators  and  Guardians. 

An  act  to  authorize  the  Judge  of  tlie  Circuit  Court  of  Duval  county,  to  hold 
the  sessions  of  Court  at  Baldwin. 

An  act  to  authorize  the  Circuit  Courts  of  this  State  to  change  the  names  of  per- 
sons residing  therein. 

An  act  to  consolidate  the  office  of  Sherilf,  Tax  Assessor  and  Collector  of  Cal- 
houn county. 

An  act  for  the  relief  of  Jailors  in  the  several  counties  in  this  State. 

An  act  in  relation  to  the  qualiGcation  of  Judges. 

Au  act  to  amend  an  act  to  provide  for  the  establishment  of  two  Seminaries  of 
LearniHg,  approved  January  24,  1S.j1. 

Au  act  to  relieve  certain  persons  from  a  poll  or  capitation  tax,  and  also  cer- 
tain portions  of  their  property  from  taxation. 

An  act  to  organize  the  county  of  Brevard. 

An  act  to  cliange  the  time  of  holding  the  rejjular  terms  of  the  Commissioners' 
Courts  of  Washington  and  llolmcs  counties. 

An  act  for  the  relief  of  J.  J.  Ward,  Sheriff  of  Lafayette  county. 


rV  TITLES    OF    ACTS. 

An  act  to  amend  an  act  for  the  relief  of  William  H.  Fannin. 

An  act  to  change  the  time  of  holding  the  Spring  Terms  of  the  Circuit  Conrts' 
in  the  ceuuties  of  Walton,  Holmes  and  Washington. 

An  act  in  relation  to  the  Courts  of  Escambia  county  and  for  other  purposes. 

An  act  to  suspend  the  collection  of  taxes  in  counties  held  or  controlled  by  the- 
enemy. 

An  act  to  aid  the  families  of  soldiers  that  require  assistance. 

An  act  to  amsnd  the  election  laws  of  this  State  as  regards  the  mode  of  voting, 
and  for  other  purposes. 

An  act  to  prohibit  Sheriffs  and  Clerlis  of  the  Circuit  Courts  of  this  State  from 
appointing  and  having  deputies  during  the  existence  of  the  present  war. 

An  act  to  provide  for  the  payment  of  troops  called  into  or  remaining  in  the 
service  of  the  State  after  the  tenth  day  of  March,  1862. 

An  aet  to  provide  for  the  payment  of  certain  certificates  issued  by  the  State  for 
military  services. 

An  act  in  relation  to  certain  certificates  issued  in  payment  of  military  serviccBw 

An  act  to  establish  the  records  of  Calhoun  county. 

An  act  to  consolidate  the  offices  of  Clerk  of  the  Circuit  Court  and  Judge  cf 
Probate  in  and  for  Manatee  county. 

An  act  relative  to  the  assessment  of  taxes. 

An  act  to  amend  an  act  entitled  an  act  to  provide  for  the  taking  of  marks  and 
brands  of  cattle  driven  or  shipped  from  the  counties  of  Sumter,  Hillsbo- 
rough and  Manatee. 

An  act  to  amend  an  act  entitled  an  act  to  prevent  citizens  of  other  States  from 
fishing  in  Lakes  lamonia  and  Miccosukie,  passed  9th  December,  1S5S. 

An  act  to  consolidate  the  offices  of  Sheriff,  Tax  Assessor  and  Collector  in  Her- 
nando County. 

An  act  for  the  relief  of  John  P.  DuVaL 

An  act  to  provide  for  the  repayment  of  moneys  withdrawn  from  the  School  and. 
Seminary  Funds. 

An  act  for  the  relief  of  James  Cavcrly. 

An  act  for  the  relief  of  S.  J.  Perry,  Deputy  Sheriff  of  E.  W.  Vann,  Sheriff  of 
Madison  County. 

An  act  for  the  relief  of  John  Kelly,  and  for  other  purposes. 

An  act  relating  to  the  trial  of  persons  in  this  State  during  the  existing  war. 

An  act  in  relation  to  the  county  officers  of  Calhoun  County. 

An  act  to  authorize  county  offices  under  certain  circumstances  to  keep  their  of- 
fices and  records  at  other  places  than  that  now  designated  by  law. 

An  act  to  repeal  Ordinauce  number  fifty-two  (53)  of  the  Convention  of  the  State 
of  Florida  entitled  an  ordinance  for  streugtheuing  the  Executive  Depart- 
ment during  the  exigencies  of  the  present  war,  and  ordinance  number  fifty- 
eight  (58)  of  said  Convention  providing  the  mode  of  filling  vacancies  in  the 
Executive  Council. 

An  act  empowering  Judges  of  Probate  to  graut  orders  to  Executors  and  Ad 
miuistrators  to  sell  real  estate  for  distribution. 

An  act  to  repeal  an  act  to  flicilitate  the  construction  of  the  St.  Johns  and  Indian 
Kivcr  Canal,  approved  January  1st,  1857,  and  for  other  purposes. 

An  act  to  prevent  during  the  existing  war  monopolies,  extortions  and  specula  - 
tions  in  bread-stuffs  and  other  articles  of  general  use  and  consumption,  and 
to  make  such  acts  criminal,  and  to  provide  penalties  for  the  same. 

An  act  for  the  relief  of  Gen.  William  E.  Anderson  and.others.^ 


TITLES    OF    ACTS.  T 

An  act  for  the  relief  of  the  widow  of  Gcu.  Beujamiu  Hopkins  aud  others. 

An  act  to  regulate  trade  and  intercourse  with  the  Indians. 

An  act  to  carry  into  effect  the  ISth  Section  of  the  3d  Article  of  the  Constitution 
of  the  State  relating  to  vacancies  in  the  office  of  Governor. 

An  act  to  authorize  the  Board  of  County  Commissioners  of  the  several  Counties 
in  this  State  to  levy  a  specific  tax  for  the  relief  of  the  soldiers  in  the  service 
of  the  State  or  of  the  Confederate  States. 

An  act  to  provide  for  the  location  of  lands  in  lieu  of  cancelled  Land  Warrant 
locations. 

An  act  to  prevent  the  entry  of  lauds  occuined  by  soldiers  or  their  familits  dur- 
ing the  continuance  of  the  present  war,  aud  also  to  regulate  the  entry  and 
sale  of  public  lands. 

An  act  i»  relation  to  the  issue  of  patents  to  lands  entered  in  this  State  prior  to 
the  date  of  seccfsion  of  the  State  of  Florida. 

An  act  to  re-establish  the  records  of  any  couuty  in  this  State  which  have  been 
lost,  mislaid  or  destroyed. 

An  act  to  protect  the  interest  of  stock  owners  in  this  State. 

An  act  appropriating  the  sum  of  twenty-five  thousand  dollars  for  the  sick  aud 
wouudcd  soldiers  from  Florida  in  the  several  Hospitals. 

An  act  to  provide  for  an  additional  issue  of  Treasury  Notes. 

An  act  for  the  relief  of  Capt.  Jenkins  of  the  Sloop  Hancock. 

An  act  for  the  relief  of  Dr.  James  S.  Meredith. 

An  act  far  the  relief  of  Lieutenant  Henry  A.  (iray. 

An  act  for  the  relief  of  John  A.  Granger. 

An  act  to  provide  for  a  Hospital  for  Florida  Troops  in  the  army  of  the  West. 

An  act  to  facilitate  the  construction  of  public  defence. 

An  act  to  authorize  the  canvass  of  returus  of  elections  held  by  the  trooiis  in  the 
service  of  this  State  or  of  the  Confederate  States. 

An  act  to  amend  "an  act  to  authorize  the  Board  of  County  Commissioners  of 
the  several  counties  iu  this  State  to  levy  a  specific  tax  for  the  relief  of  sol- 
diers iu  the  service  of  the  State  or  of  the  Confederate  States,"  approved  De- 
cember 13, 1862. 

An  act  to  facilitate  the  collection  of  debts  due  the  State  by  any  officer. 

An  act  to  prevent  the  establishment  of  distilleries  aud  the  distilling  of  Whiskey 
or  other  spirituous  liijuors. 

An  act  making  appropriaticus  for  the  expenses  of  the  first  session  of  the  twelfth 
General  Assembly,  and  for  other  purjioses. 


RESOLUTIONS. 


Resolution  suspending  the  sale  of  Public  Lands. 
Resolution  of  tlianks  to  Florida  Troops. 

Resolution  authorizing  the  Governor  to  appoint  Commissioners  in  relation  to 
the  Boundary  Line  between  this  State  and  the  State  of  Georgia. 


VI  TITLES   OF   ACTS. 

Resolution  relative  to  mails. 

Joint  Resolution  in  relation  to  sending  the  eaupcts  at  the  Capitol  for  the  use  ol" 
the  troops  from  this  State. 

Joint  Resolution  to  facilitate  the  procurement  of  cotton  and  ■ivool  cards  by  the 
citizens  of  this  State. 

Resolution  to  defray  the  burial  expenses  of  Hon.  A.  Campbell,  deceased. 

Resolution  authorizing  the  Governor  to  employ  a  Messenger. 

Resolution  relating  to  the  illegal  sales  of  public  lands  in  the  Suwannee  Circuit. 

Resolution  requesting  the  Governor  to  secure  the  payment  of  customs  on 
Railrcad  Iron  due  at  the  date  of  the  secession  of  the  State. 

Resolution  for  the  relief  of  the  Hon.  T.  T.  Long. 

Resoluion  in  rekition  to  deceased  Soldie^g. 

Resolution  relating  to  Salt. 

Joint  Resolution  in  relation  to  Public  Lands  in  West  Florida. 

Resolution  relative  to  the  Hospital  at  Richmond,  Virginia. 

Resolution  relative  to  Seals  for  the  Judges  of  Probate  of  the  counties  of  Levy 
and  Sumter,  and  all  other  counties  needing  Seals. 

Resolution  in  relation  to  the  present  war. 

Resolution  relative  to  persons  holding  ofiices  in  the  State  of  Florida  under  the 
Confederate  Government  subject  to  the  Conscript  Law. 

Resolution  relative  to  the  Public  Lands  in  Clay  county. 

Resolution  requesting  the  President  to  allow  persons  in  this  State  liable  to 
conscription  until  15th  March,  18G3,  to  volunteer  in  the  Confederate  service 
for  the  defence  of  the  State. 

Resolution  authorizing  the  Treasurer  to  receive  all  genuine  Confederate  Notes 
of  the  Hoyer  &  Ludwig  issue. 

Resolution  requiring  information  to  be  furnished  by  the  Internal  Improve- 
ment Board,  with  regard  to  the  management  of  certain  Railroads. 

Resolution  in  relation  to  compensation  to  Messrs.  Papy  and  Banks. 

Resolution  to  appoint  a  Chaplain  for  the  Florida  Hospital  at  Richmond. 

Resolution  requiring  plats  of  the  Public  Lands  to  be  furnished  the  various 
counties. 

Resolution  in  relation  to  the  Secretary  of  State. 

Resolution  relative  to  the  Books  and  Accounts  of  the  Comptroller  and  Treasu- 
rer. 

Resolution  to  allow  pay,  per  diem  and  mileage,  to  the  legal  representatives  of 
the  Hon.  Archibald  Campbell,  deceased,  late  of  Liberty  county,  Florida. 

Resolution  to  provide  for  furnishing  Receivers  with  township  plats  in  lieu  of 
those  that  may  be  lost  or  destroyed. 

Joint  Resolution  for  organizing  the  Salt-makers  upon  the  coast  of  Florida  for 
their  own  and  the  public  defence. 

Joint  Resolution  in  relation  to  copies  of  acts  to  be  distributed  among  the  sol- 
diers. 

Resolution  in  relaticm  to  copying  the  laws. 

Resolutions  to  guarantee  by  the  States  the  debt  of  the  Coufcdcrate  Govern- 
ment. 

Joint  Resolution  relative  to  the  completion  of  the  Pcnsacola  &  Georgia  Railroad 
to  the  Apalachicola  river. 


LAAVS  OF  THE  STATE  OF  FLORIDA. 


PASSED    AT   THE 


Pirst  Session  of  the  Twelfth  General  Assembly. 

1862. 


John  Milton,  Governor.  F.  L.  Villepigue,  Secretary  of  State.  Walter 
GwTNN,  Comptroller  .of  Public  Accounts.  C.  H.  Austin,  Treasurer.  J.  B. 
Galbraith,  Attorney  General.  E.  J.  Vann,  President  of  the  Senate.  E.  J 
JuDAH,  Secretary  of  the  Senate.  T.  J.  Eppes,  Speaker  of  the  House.  T.  B. 
Barefoot,  Clerk  of  the  House. 


Chapter  1,3 17 — [No.  1.] 

AN  ACT  authorizing  the  Executors  of  James  Ahercrombie,  senior,  to  sell  pro- 
perty in  certain  cases. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assenihly  coji- 
Let^ai  .repreeen-  vened,  That  the  legal  representatives  of  James  Abercrombie,  Sr., 
deceased,  late  of  Escambia  county,  be  and  they  are  hereby 
authorized  to  sell,  in  any  of  the  Confederate  States  of  America, 
under  the  authority  and  by  the  direction  of  the  Probate  Coui't 
of  Escambia  county,  any  j^art  or  all  of  tlie  property,  both  real 
and  personal,  belonging  to  the  estate  of  said  decedant,  which,  by 
the  last  will  and  testament  of  said  James  Abercrombie,  Sr.,  his 
executors  were  authorized  to  sell,  and  to  distribute  the  same  in 
accordance  with  the  requirements  of  the  said  last  will  and  testa- 
ment. 

Passed  the  House  of  Representatives  November  24, 1862.     Passed  the  Senate 
November  24, 1862.    Approved  by  the  Governor  November  26, 1862. 


tatives    author- 
ized to  sell. 


Property  to  be 
sold. 


LAAVS  OF  FLORIDA. 


Cu\v't?:R  1,:318— [No.  2.] 


1862. 


AN  ACT  to  allow  officers  of  Incorporated  C'omiuinies  to  lioltl  tbeir  offices  imtil 
their  successors  arc  elected,  when  such  elections  cannot  be  held  on  account 
of  the  war. 

Section  1.  Be  it  ciMfeted  h;/  the  Senate  and  House  of  Rep- 
resentatives of  the  Stnte  of  Florida  in  General  Anseinbh/  con- 
vened^ That  whenever  any  Insurance  Co'iipany  in  tliis  State  has 
had  to  remove  their  oftioe  from  any  evacuated  city  in  this  State, 
or  on  account  of  the  war,  and  sliall  not  have  lield  their  annual 
deletion  for  officers  on  said  accqunt,  or  on  account  of  the  absence 
of  the  Stockliolders  (1u  accouilt  of  the  war,  said  Charters  sliall 
not  be  violated  or  void  oji  account  of  said  faihire  to  elect,  but 
said  officers  shall  continue  in  office  until  their  successors  shall  be 
hereafter  elected,  and  the  present  Presidents,  Secretaries,  Officers 
and  Directors  sliall  continue  to  serve  until  a  new  election  shall  be 
had  in  theii"  respective  Companies. 

Sec.  2.  Be  it  further  oiacted^  That  the  provisions  of  this  Act 
shall  be  applicable  to  all  incorporated  companies  in  this  State 
which  are  placed  in  circumstances  like  those  mentioned  in  the 
first  section  of  this  jVct. 

Passed  the  Senate  Novemlier  24,  18(;2.  Passed  the  House  of  Representatives 
November  20,  1802.     Approved  b)  the  Governor  November  27,  1SG2. 


Insurance  Com- 
panies. 


Charters  not 
made  void  b  y 
faihire  to  elect 
oflicers. 

Officers  to  con- 
tinue. 


Other  incorpo- 
rated Comriii- 
nies. 


ClIAl^TEK    1,319— [Xo.    3.] 


AN  ACT  to  authorize  the  removal  of  slaves  and  other  prai)erly  from  the  State. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
ftentafivesofthe  State  of  Florida  in  (il-eneral  Assembli/  convened, 
That  from  and  after  the  passage  of  this  Act,  it  sliall  be  lawful  for 
all  Executors,  Administrators,  Tru.stees  and  Guardians  to  remove  Executes,  Trus- 
from  this  State  to  places  of  safety,  anywhere  in  the  Confederate  thorized  to  re- 
States,  all  negroes,  mules,  horses,  cattle  and  other  moveable  per-  "enrfiuvagFon*^ 
ishable  property,  under  their  control,  by  virtue  of  their  fiduciary 
capacity,  whenever  their  comities  are  invaded  by  the  enemy,  and 
by  which  invasion  such  property  is  rendered  inscctire. 

Passed  the  Senate  November  24,  1S62.    Passed  the  House  of  Representatives 
November  25, 1802.    Approved  by  the  GovcKnor  November  28, 1802. 


10  LAAVS  OF  FLORIDA. 

1862. 


"  ClIAPTKll    1,320— [Xo.    4.] 

AN  ACT  refiuirinj^  auuual  reports  from  Boardof  Trustees  of  iDtcrual  Imijrovc- 

ment  Fuud. 

Sectiox  1.  Be  it  enacted  hy  the  Senate  and  House  of  Represen- 
tatives of  the  State  of  Florida  in  General  Asseml'ly  convened. 
Board  of  Trufs-  That  the  Boiu'cl  of  Trustees  of  the  Internal  Improvement  Fund 
li^d  to*'rci™?t  1^«  -in J  they  are  hereby  required  to  report  annually  to  the  Geue- 
aannaiiy.  j.jj|  Assembly  of  tlie  State  of  Florida  upon  the  several  matters 

committed  to  their  charge,  ami   such  other  matters  as  may  be 
deemed  proper  in  connexion  therewith. 

Sec.  2.  Be  it  further  enacted^  That  all  laws  inconsistent  with 
le^wfticd.  tlie  provisions  of  this  Act  be  and  the  same  are  hereby  i-epealed. 

Passed  the  House  of  Representatives  November  34,  1863.    Passed  the  Senate 
November  36, 1863.    Approved  by  the  Governor  December  1,  1S63. 


Chapter  1,321— [No.  5.] 

AN  ACT  for  the  relief  of  Richard  Saunders,  Sheriff  of  Leon  county. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre' 

sentatives  of  the  State  of  Florida,  in  G eneral  Assembly  eonre?/ed, 

^;?^'''^^fl  ^  That  the  Comptroller  of  Public  Accounts  be  and  he  is  hereby 

3S3UO    WsBrant  ■,       •      -,         ^  •      t         •  ^  ■  ^        ^  ,.         ■^ 

ftw  amt  over-  authorized  and  requii'ed  to  issue  his  warrant  tor  the  sum  of   two 

'*^**  hundred  and  five  63-100  dollars,  being  the  amount  over  paid  by 

Richard   Saunders,  Sheriff,  in   settlement  of  his   accounts ;  and 

that  the  Treasurer  be  required  to  pay  the  same  out  of  any  money 

not  otherwise  appropriated. 

Passed  the  Senate  November  34,  1S63.     Passed  the  House  of  Representatives 
November  37, 1863.    Approved  by  the  Governor  December  1,  1863. 


Chapter  1,322— [No.  6.] 

AN  ACT  to  amend  an  act  concerning  Wills,  Letters  Testamentary  and  Letters 
of  Administration,  and  the  duties  of  Executors,  Administrators  and  Guar- 
dians. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 

sentatives  of  the  State  of  Florida  in.  General  Assembly  convened^ 
That  so  much  of  the  35th  Section  of  the  Act,  of  which  this  is  an 


LAWS   OF  ]<XOrJDA. 


11 


tunendiiient,  us  directs  tlie  louu  of  any  moneys  by  Executors, 
Admiuistr:itors  and  Guai'diaiis  upon  Mortgaije  Security  only,  be 
so  modified  as  to  authorize  said  parties  and  all  other  persons 
holding-  money  in  a  tidueiary  capacity,  and  authorized  to  loan  the 
same,  to  invest  the  said  funds  in  Bonds  of  the  "Confederate 
States"  or  Bonds  issued  by  the  State  of  Florida,  (but  not  Inter- 
nal Improvement  Bonds,  Seminary,  Canal,  llailroad  Bonds,  or 
any  oilier  lionds  issued  to  aid  Corporations,)  bearing  an  annual 
interest. 

Sec.  2.  7?e  it  further  enacted^  That  so  much  of  the  before  re- 
cited section  as  directs  the  taking  of  a  new  bond  or  obligation 
annually  be  repealed  ;  Provided,  that  this  rei)eal  shall  not  operate 
to  prevent  the  collection  of  the  interest  annually,  and  its  re-in- 
vestment as  contemplated  in  the  said  section. 

Passed  the  Senate  November  21, 1863.     Passed  the  House  of  Representatives 
Novem  er  28,  1802.    Approved  by  the  Govcnior  December  2, 18G2. 


1S( 


Executors,  &e., 
may  invest  iu 
Bonds  of  Con- 
federate States 
or  State  of  Wa. 


AnnuAl  Bonti  or 
oblitration. 


Interest. 


ClIAPTKU    1,320 — [No.    7.] 


AN  ACT  to  authorize  the  Judii'e  of  the  Circuit,  Court  for  Duval  county  to  hold 
the  Sessions  of  Court  at  Baldwin. 


Section  1.  He  it  enacted  bi/  the  /Senate  and  House  of  Reiyre- 
sentatives  of  the  State  of  Florida  in  General  Assembly  coiwened. 
That  the  Judge  of  the  Circuit  Court  for  Duval  county  be  au- 
thorized to  hold  the  sessions  of  said  Court  at  Baldwin  during  the 
continuance  of  the  war,  and  that  the  Clerk  of  said  Court  be  and  cierk. 
he  is  hereby  required  to  reside  at  Baldwin,  in  said  county,  or  to 
have  a  deputy  to  represent;  him  there  during  the  continuance  of 
the  war  as  aforesaid,  and  that  the  business  of  said  Circuit  Court 
be  transacted  iu  all  resi)ects  at  Baldwin  instead  of  Jacksonville, 
as  heretofore,  until  such  time  as  said  Judge  shall  deem  it  safe  to 
resume  the  holding  of  said  Court  at  Jacksonville. 

Sec.  2.  Be  it  further  enaeted.  That  the  Judge  of  Probate  for 
Duval  county  be  also  required  to  kee])  his  office  and  to  transact 
the  Probate  business  of  said  county  at  ]5aldwin  instead  of  Jack- 
sonville, until  such  time  as  it  may  be  safe,  as  aforesaid,  to  return 
to  Jacksonville. 

Passed  the  House  of  Rcpresenlalivcs  November  28, 1862.    Passed  the  Seuate 
November  29,  1862.     Approved  b}'  the  Governor  Deeeiuber  3,  1802. 


flay  iw 


Court   ar  BaW- 
wiu. 


Judg^  of  F)»#- 
batc  required  t» 
keep  hifl  offi^re 
at  Baldwin. 


12  LAWS  OF   FLORn)A. 

1892. 

CtiAi'Ti-n  1,:V24— [Xo.  «.] 

AN  ACT  to  auUiorizc  the  Circuit  Courts  of  thif<  Statv^  to  cluuiiie  the  names  of 
ix^rsons  residing  therein. 

Sectiox.  1.  Be  it  c'lfirted  by  the  Senat/i  and  House  of  Rejyn- 

sentatives  of  the  /State  of  J'^orida  in  General  Assembly  convened^ 

rircuit   Courts  That  the  Circuit  Courts  of  this  State  sliall  have  the  power  and 

Bame*s"^ofVer^  authority  to  change  the  names  of  persons  residing  in  said  State, 

cons.  upon  a  petition  filed  by  sncli  person  in  an^'  oi"the  Circuits  of  the 

State  ;  that  such  petition  sliall  state  the  name  of  the  petitioner, 

and  the  name  such  petitioner  desires  to  take ;  and  the  said  Court 

shall,  at  the  first  term  thereof,  decree   that   the  petitioner's  name 

be  changed  to  the  name  "which    said   petitioner  desires,  by  which 

the  said  petitioner  shall  ever  thereafter  be  known. 

Sec.  2.  Be  it  farther  enacted,  That  all  othei-  Acts  and  ])arts  of 
Acts  in  relation  to  this  subject,  be  ami  the  same  are  hereby  re- 
Rq)en).  2)ealed. 

Passed  the  House  of  Representatives  November  ;37,  1S()3.  ^Passed  the  Senate 
December  1, 18(;2.     Approved  December  3,  1863. 


Chapter  1,325— [No.  9.] 

AN  ACT  to  consolidate  the  offices  of  Sheritf,  Tax  Assessor  and  Collector  of 
Calhoun  county. 

Section  1.  Be  it  e)i  acted  by  the  deviate  and  House  of  JRepre- 
sentatives  of  the  State  of  Florida  in  (rcneral  Assembly  co'nretied^ 
CaTe'd.'  '^""''"''"  That  the  offices  of  Sherifl',  Tax  Assessor  and  Collector  of  the 
county  of  Calhotm,  be  and  they  are  hereby  consolidated,  and  the 
Sheriff  shall  perform  all  the  duties  ot  said  offices,  and  shall  give  a 
bond  for  the  faithful  performance  of  the  several  duties  of  said 
offices ;  Pronided,  Juncemr,  that  this  Act  shall  not  go  into  opera- 
tion until  the  term  of  office  of  the  present  Tax  Assessor  and  Col- 
lector has  exjiired. 

Passed  the  House  of  Representatives  November  »?,  1862.    Passed  the  Senate 
November  20,  18G2.     Approved  by  the  Governor  De{M?mber  :>,  18fj2. 


fe)fflces   consoli- 


Proviso. 


CiiAPTKi:  1,.32G— [:^^o.   10.] 
AN  ACT  for  the  relief  of  Jailors  in  ilie  sev-ral  cnunftrs  in  this  State. 

Section  1.  Be  it  eiuictedby  the  Senate  ovd  House  of  lU'pre- 
sentatlces  of  d''-  S^nte  of  Florida  iji.  C'-'urrf//  Ary.end:ly  c'o;'(t ■••('<'/, 


LAWS   OF  FLORIDA.  13 

That  tlie  Jailors  in  tlie  several  counties  in  this  State,  from  and        1862. 
after  the  passage  of  this  Act,  shall  be  entitled  to  charge  and  re- 
ceive the  sum  of  seventy-tive  cents  per  day  for  keeping  and  pro-  Jailor's  fees 
viding  for  prisoners,  runaway  slaves,  or  slaves  taken  under  exe- 
cution or  other  process,  or  other  persons  confined  in  jail  under 
legal  process. 

"Skc.  2.   Be  it  further  enacted^  That  all  laws  and  parts  of  laAVS  Kcpeai. 
militating  against  this  Act  be  and  the  same*  are  hereby  repealed. 

Passed  tlic  House  of  Representatives  November  25, 1862.    Passed  the  Senate 
Novtinber  29, 1802.  .Approved  by  the  Governor  December  3, 1802. 


Caaptkk  1,:^27— [No.  11.] 
AN  ACT  in  relation  to  the  qualification  of  Judges. 

Section '1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
serifa'in's  of  the  State  of  Florida  in  General  Assembly  convened^ 
That  no  Judge  of  any  Court  or  Justice  of  the  Peace  shall  sit  or  ^?^|?|  o'^f''thV 
pres'de  in  any  cause  to  which  he  is  a  party,  or  in  which  he  is  in-   Peace  may  not. 
terested,  or  in  which  he  would   be  excluded  fi'om  being  a  juror  lam'^a'ses"  ^^^ 
by  reason  of  interest,  consanguinity,  or  affinity  to  either  of  the 
parties  ;  nor  sliall  he  entertain  any  motion  in  the  cause  other  than 
to  have  the  same  tried  by  a  competent  tribunal. 

Sku.  2.  Be  it  further  enac^ed^  That  the  Judge  or  Justice  so 
incompetent  shall  retire  of  his  own  motion,  and  without  waiting  ^"c^of  h^is  ow« 
for  an   application  to  that  etiect ;  that  any  and  all  judgments,  motion. 
decrees  and  orders,  made  by  a  Judge  or  Judges  so  incomj^etent,  judgments  ron- 
shall  l)e  of  no  force  or  validity,  and  are  hereby  declared  to  be  ^^'^I^'^A^l"*^"?,': 

,,         ,        .  1  T       /.        1  •   1      /.    1    "^  1         •        petent  tribunal! 

null  and  void,  except  an  order  tor  the  trial  oi  the  cause  as  herein-  void, 
before  provided. 

Passed  the  Senate  November  26,  1802.    Passed  the  House  of  Representatives 
Deccinl)cr  :>,  1802.    Approved  by  the  Governor  December  4,  1862. 


CnAPTEU   1,328— [No.    12.] 

AN  A^,  r  to  amend  an  Act  to  provide  for  the  est'.bl'sliment  of  two  Seminaries 
of  Learning,  approved  January  2^tb,  1861. 

S.  (-TioN  1.  Be  it  enacted  by  the  Scn.te  vnd  House  of  Repre- 
seni'tti.ies  oj  the  State  of  Florida  in  Gei.er  't  Assembly  eonnened-, 


14 


LAWS   OF  FLOT^IT)A. 


1862. 

fJovemor  *hall 
jippoint  mem- 
l>crB  of  Board  af 
Ivducdlion. 

(  ounty  Snper- 
intendant. 


IJepca]. 


That  tlicre  sliall  l»e  apiKiinted  by  the  Governor,  by  .'iml  with  the 
advice  and  consent  of  the  Senate,  six  persons  for  each  of  the  two 
Seminaries  of  Learnino-,  as  members  of  a  Board  of  P^ducation, 
who  shall  hold  their  office  for  two  years.  The  county  Superij*- 
tendent  of  the  county  in  -which  the  Seminary  is  situated  sliall,  by- 
virtue  of  his  office,  be  a  member  of  the  l?oard,  and  shall  act  as 
Secretary  thereof,  and  keep  an  accurate  and  detailed  account  oT 
their  doings.  Vacancies  in  the  Board  shall  be  filled  in  the  man- 
ner now  provided  by  law. 

Sec.  2.  J^e  it  further  enacted^  That  so  n-inch  of  the  third  ti«c- 
tion  of  an  Act  entitled  an  Act  to  provide  for  the  establishment 
of  two  Seminaries  of  Learning,  aj)proved  the  twenty-fourth  d.'jy 
of  Jainiary,  1851,  as  conflicts  with  the  provisions  of  this  Act,  be- 
and  the  same  is  hereby  repealed. 

Passed  the  House  of  Rcprescutatives  Noveralter  28,  18G2.     Passed  the  Senate 
December  4,  1S02.     Approved  by  the  GoTcrnor  Deeembci-  G,  1802. 


Ciitzens  in  mil- 
itary service. 


Property  of  per- 
sons in  service. 


Limitation 
Act. 


of 


Chapter  1,329— [No.  13.]  ^ 

AN  ACT  to  relieve  certain  persons  from  a  Poll  or  Capitation  Tax,  and  also  t» 
certain  portion  of  their  property  from  Taxation. 

Sectiojs-  1.  Be  it  enacted  by  the  Senate  and  House  of  He/rre- 
sentatives  of  the  State  of  Florida,  in  General  Assembly  con- 
vened^ That  no  citizen  of  this  State  who  has  been  mustered  into 
the  military  service  of  the  Confederate  States  as  a  private  for  threo 
years  or  the  war,  and  who  is  still  in  said  ser\'ice,  shall  be  required 
to  pay  a  poll  or  capitation  tax. 

Sec.  2.  Jie  it  farther  enacted^  That  i)ro})erty  belonging  to  oacl* 
and  every  person  designated  in  the  foregoing  section  to  the-- 
amount  of  one  thousand  dollars  in  value  shall  at  his  option  bo  ex- 
empt from  taxation. 

Sec.  3.  Be  it  farther  enacted^  That  this  act  shall  continue  ijs 
force  during  the  existence  of  the  present  Avar,  and  no  longer,  aiwl 
that  all  laws  and  parts  of  laws  inconsistent  therewith  are  hereby 
suspended  for  the  same  period. 

Passed  the  House  of  Representatives  November  27, 1802.     Passed  the  Senate- 
jDeceinber  4,  1802.    Approved  December  6,  1802. 


Chapter  1,;i30— [No.  14.] 

AN  ACT  to  organize  the  County  of  Breva-d. 

Section  1 .   Bi  it  enacted  by  the  Sehat'.  and  House  of  Repre- 

sentatioes  of  t'le  State  of  Florida  in  General  Assembly  con  ver.'xl^ 


LAWS   OF  FLOEIDA.  15 

'That  for  tlie  j)ii<tpope  of  a  more  eflicicnt  organization   of  the        1862. 
«ounty  of  Brevard,  there  shall  be  an   election  held  at  the  differ-  connty  ciec- 
«nt  prechicts  in  said   county,  according  to  the  election  laws  of  ^'°"^- 
tfjis  State,   on  the  first  Monday  in  March  next,  for  a  Judge  of 
Probate,  four  County  Commissioners,   a  Clerk  of  the  Circuit 
Court  and  a  Sherilf  of  said  county,   who  shall  hold  their  offices 
until  the  regular  election  in  eighteen  hundred  and  sixty-five. 

8ec.  2.  lie  it  further  enacted.,  That  the  Judge  of  Probate  or  snUgiD  of  Pro- 
actinof  Judtre  of  Probate  of  Orange  countv  be,  and  he  is  hereby  *"***  ^^  Orange 

.^^    ,       =>   .  .  ,.        •  1     1        •  •   '  ■r->  1  "i    county  required 

requn-ed  to  give  notice  ot  said  election  m  brevaixl  county,  and  to  give  notice  or 
t<>  appoint  the  Ins])ectors  of  said  election,  and  he  sliall  receive  <'iections,  &c. 
the  returns  and  canvass  the  same  in  all  respects  as  if  the  said 
election  had  been  held  in  his  own  ])roper  county  of  Orange,  and 
the  said  .Judge  of  ProUate  of  Orange  county  shall  certify  the  re- 
sult to  the  Secretary  of  State  as  required  by  law,  who  shall  issue 
commissions  accordingly.  j^  ,.„,^.  of  faii- 

Sec.  3.  Be  it  further  en<vti'd^  That  in  case  the  citizens  of  Bre-  nrcof  election. 
vard  county  shall  fail  tn  hold  said  election  at  the  time  and  in  the 
manner  prescribed  in  this  Act,  or  the  officers  elected  shall  refuse 
to  qualify  or  lerve,  then,  in  that  event,  all  judicial  and  executive 
functions  which  should  be  discharged  by  the  county  officers  of 
the  said  connty  of  Brevard  shall  aj)i)ertain   to  and  become  the  comity  officers 
functions  and  duty  of  the  Judicial   and  Executive  officers  of  the  **    ™""^ 
eounty  of  Orange,  who  sliall  discharge  all  the  duties  appertaining 
tf)  their  respective  offices  in  the   said  county  of  Brevard  in  the 
same  manner  as  they  would  and   should  do  in  their  own  proper 
county  of  Orange,  and  the  Tax  Assessor  and  Collector  of  Orange 
county  shall  assess  and  collect  taxes  in  the  county  of  Brevarcl, 
and  be  the  Tax  Assessor  and   Collector  for  the  same  until  sai<J 
county  is  organized  and  shall  elect  its  proper  officers. 

Sec.  4.  Be  it  furtJcer  euco-ted.,  That  at  the  time  for  the  elec- 
tion of  officers  as  above  s])ecified,  there  shall  alsolie  held  an  elec- 
tion for  a  county  site  for  said  cour.ty  of  Brevard,  under  the  same  <^">'n*y»«te- 
rules  and  regulations  as  specified  for  the  other  elections,  and  the 
result  of  said  election  shall  be  certified  in  like  manner,  and  the 
place  or  locality  which  shall  receive  the  largest  number  of  votes 
shall  be  the  county  site  of  said  county  of  Brevard. 

P;iS8cd  the  House  of  Representatives  November  28,  1862.    Passed  the  Senate 
December  4lh,  1862.    Approved  by  the  Governor  December  0,  1802. 


Chapter  1,331— [Xo.  15.] 

AN  ACT  to  chani^e  the  time  of  holdiiig  the  regular  terms  of  the  Commission- 
er's Courts  of  Washington  and  Holmes  counties. 

Section  1.  Be  it  enacted  hi/  the  Senate  and  House  of  Bepre- 
scntatives  of  the  State  of  Florida  in   General  Assembly   con- 


16 


LAWS  OF  FLORIDA. 


1862.         vened^  That  from  and  after  the  passage  of  this  act,   the   regular 
Perms  of  Com-  tcmis  of  the  Commissioners  Courts  of  Washington  aiul  Ilohnes 
eioncrs  countics  shall  be  held  at  the  County  Site  in  their  respective  coun- 
ties on  the  second  ]Moiiday  in  February  and  tlie  first  ^londay  in 
November  in  each  year. 

Sec.  2.  Be  it  further  oiacted,  That  all  laws  and  parts  of  laws, 
so  far  as  they  conflict  with  the  provisions  of  this  act,  be  a)id  the 
same  are  hereby  repealed. 

Passed  the  Houee  of  RcpresentatiTcs  December  1,  1862.  Passed  the  Senate 
December  4, 1863.    Approved  by  the  (iovrnior  December  6,  1862. 


m  1  s 
CoHrts, 


Repeal. 


Preamble. 


Comptroller   to 
issue  Warrant. 


Chapter  1,33  2— [No.  16.] 
AN  ACT  for  the  relief  of  J.  J.  Ward,  Shcrifl"  of  Lafayette  Coimty. 

Whereas,  at  a  Fall  Term  of  the  Circuit  Court  for  the  Suwannee 
Circuit,  held  in  and  for  the  county  of  Lafayette,  A.  D.  1S60,  (cer- 
tain fines  were  imposed  upon  certain  parties  by  the  presiding 
Judge,  amounting  in  the  aggregate  to  the  sum  of  one  hundred 
and  fifty  dollars ;  And  Whereas,  said  tines  were  remitted  by- 
said  Judge  at  the  term  of  the  Coiirt,  next  thereafter   held  in 
said  county ;  And  Whereas,  before  said  fines  were  remitted, 
J.  J.  Ward,  the  Sherift*  of  said  county,  had  paid  the  said  sum 
of  one  himdred  and  fifty  dollars  into  the  Treasui-y  of  the  State  ; 
Section  1 .   Be  it  enacted  hy  tlie  Senate  mid  House  of  Repre- 
sentatives of  the  State  of  Florida   in.   General  Assembly  con- 
vened.^ That  the  Comptroller  of  the  State  be  and  he  is  hereby  au- 
thorized to  issue  his  Warrant  u])on  the  Treasury  of  the  State  for 
the  sum  of  one  hundred  and  fifty  dollars  in  favor  of  J.  J.  Ward, 
to  be  paid  out  of  any  moneys  in  the  Treasury  not  otherwise   ap- 
propriated. 

Pas&cd  the  House  of  Representatives   December  1,  1862.    Passed  tlic  Senate 
December  4,  1862.    Approved  by  the  (Governor  December  6, 1862. 


Preamble. 


Chapter  1,333— [No.  17.] 

AN  ACT  to  amend  an  Act  for  the  relief  of  William  H.  Fannin. 

Whereas,  the  General  Assembly  of  the  State  of  Florida,  at  its 
joint  session  in  1861,  passed  an  act  for  the  relief  of  William 


LAWS  OF  FLORIDA. 


17 


H.  Fannin,  and  whereas  the  said  Fannin  died  before  lie  could       '  1862. 

avail  himself  of  said  Act ;  therefore, 

Sectiox  1 .  Be  it  enacted  h;/  the  Senate  and  Souse  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened.  Administrator 
That  the  rejiresentative  of  the  said  William  XL  Fannin,  deceased,   &c.      "         ' 
be  authorized  to  avail  himself  of  the  provisions  of  said  Act. 

Sec.  2.    Be  it  farther  enacted^  That  this  Act  be  hi  force  from 
and  after  its  passage. 

Passed  the  House  of  Reprcscutatives  Xovembcr  27,  1S02.     Passed  the  Senate 
December  4,  1863.    Approved  by  the  Governor  December  t>,  1863. 


Chapter  1,384— [Xo.  IS.] 

AN  ACT  to  chansre  the  time  of  holding  tlie  Spring  Terms  of  the  Circuit  Courts 
in  the  counties  of  Waltoii,  Holmes  and  Washington. 

Sectiox  1.  Be  it  enacted  bi/  the  Senate  and  House  of  Rejyre- 
sentatives  of  the  State  of  Florida  in  General  Asscnddy  concened. 
That  from  and  after  the  ]i:',ssagc  of  this  Act,  the  Spring  Terms 
of  the  Circuit  Court  for  Walton,  Holmes  and  Washington,  shall 
•be  htild  as  follows  :  For  Walton  county,  on  the  tirst  Tuesday  af- 
ter the  first  Monday  in  April ;  for  Holmes  county,  on  the  iirst 
Tuesday  after  the  second  Monday  in  April ;  for  Washington 
county  on  the  first  Tuesday  after  the  third  Monday  in  April. 

Sec.  2.  Be  it  further  enacted,  That  all  laws  or  parts  of  laws, 
militating  against  tlie  provisions  of  this  Act,  be  and  the  same 
are  hereby  repealed. 

Passed  the  House  of  Representatives  December  1,  1863.  Passed  the  Senate 
December  4,  lb63.    Approved  b}'  the  Governor  December  6, 1863. 


Terms  of  Court. 


Repeal. 


Chapter  1,335 — [Xo.  19.] 


AN  ACT  in  relation  to  the  Courts  of  Escambia  County  and  for  other  purposes. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Florida  in   General  Assembly  con- 
vened. That  froiti  and  after  the  jiassage  of  this  act,  and  until  the  ^a^^^c  h^efd" "^ * 
close  of  the  war,  it  shall  be  lawful  to  hold  the  Circuit   Courts, 
3 


18 


LAWS  OF  FLOEIDA. 


1862. 


Jadge  of  Pro- 
bate and  Clerk 
to  keep  records. 


Removal  of  re- 
cords. 


Other  Counties 
included. 


Courts  ot  Chancery  and  Probate  Court  of  Escambia  County,  at 
Bluft"  Springs,  in  said  county,  at  sucli  times  as  in  the  opinion  of 
the  Judges  of  the  respective  Courts  it  is  expedient  and  safe  to 
hold  said  Courts. 

Sec.  2.  Be  it  further  enacted.  That  tlie  Judge  of  Probate  and 
Clerks  of  the  respective  Courts  in  said  county  shall  keep  a  book 
of  record  of  their  proceedings,  which  shall,  aftei-  the  termination 
of  the  present  war,  be  transcribed  upon  the  original  book  of  re- 
cords of  said  countj'  and  they  are  hereby  autlK)rized  to  do  the 
same. 

Sec.  3.  Be  it  further  enacted,  That  the  Judge  of  Probate, 
Sheriffs  and  Clerks  are  authorized  to  remove  the  records  of  their 
respective  Courts  to  some  place  of  safety  either  in  or  out  of  this 
State. 

Sec.  4.  Be  if  further  enacted.  That  the  provisions  of  the  fore- 
going sections  be  and  the  same  are  hereby  declared  to  be  appli- 
cable to  any  other  county  in  this  State  when  it  shall  be  deemed 
necessary  by  the  Judge  of  the  Circuit  Court  of  the  Circuit  with- 
in which  such  county  lies,  and  such  Judge  shall  give  due  public 
notice  of  the  time  and  place  of  holding  Court  in  any  other  coiinty. 

Passed  the  Senate  November  28, 1862.    Passed  the  House  of  Represeutativcs 
Deeember  4,  1862.    Approved  by  the  Governor  December  6, 1863. 


Chapter  1,330 — [Xo.  20.] 

AN  ACT  to  suspend  the  collection  of  Taxes  in  counties  held  or  controlled  by 
the  Enemy. 


Ta$  Collectors 
may  suspend 
collection  of 
taxes  in  certain 
cases. 


Counties  held  in 
part  by  the  ene- 
my. 


Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  liepre- 
.  entatlves  of  the  State  of  Florida-  in  General  Assernhly  convened. 
That  the  Tax  Assessors  and  Collectors  of  those  counties  in  this 
State,  that  are  now  abandoned,  held,  possessed  or  controlled  by 
the  militai'y  forces  of  the  United  States,  be  and  they  are  hereby 
authorized  and  required  to  suspend  the  assessment  and  collection 
of  taxes  in  their  respective  counties  during  and  for  the  time  that 
their  said  counties  may  be  so  possessed,  held  or  controlled  by 
said  forces. 

Sec.  2.  Be  it  further  enacted,  That  the  provisions  of  the  first 
section  of  this  Act  shall  be  applicable  to  those  counties  the  coun- 
ty site  of  which  may  be  in  possession  or  under  the  military  con- 
trol of  the  enemy,  and  to  such  sections  of  counties  as  may  be  in 
the  possession  or  imder  the  control  of  the  enemy,  though  not 
entirely  held  by  the  same,  iu  wliich  no  taxes  shall  bo  collected 
for  the  time  beini>-. 


LAWS  OF  FLOEIDA. 


19 


Sec.  3.  Be  it  further  enacted^  That  in  all  counties  or  parts  of 
counties  held  by  tlie  forces  of  the  United  States  as  above  de- 
clared, all  taxes  shall  cease  to  accrue  during  and  for  the  time 
that  the  same  may  be  held  or  controlled  by  the  enemy. 

Passed  the  Senate  November  28,  1S62.    Passed  the  House  of  Representatives 
Dec.  4,  1863.    Approved  by  the  Governor  Dec.  6, 1S62. 


1862. 

Taxes   shal 
cease  to  accrue. 


CnAPTEK  1,337— [No.  21.] 


AN  ACT  to  aid  the  families  of  Soldiers  that  require  Assistaace. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Iloridain  General  Assembhj  con- 
vened, That  the  Governor  of  this  State  be  and  he  is  hereby 
authorized  to  cause  to  be  issued  Treasury  Notes  of  the 
State  of  Florida  from  the  blank  notes  remaining  of  the  is- 
sue under  the  Jaw  approved  February  l4:tli,  iSGl,  entitled 
an  act  providing  for  tlie  issue  of  Treasury  Notes,  and  ol  an 
act  approved  December  16th,  1861,  entitled  an  act  to  provide 
for  the  paAnnent  of  the  War  Tax  to  be  assessed  upon  and 
collected  from  the  citizens  of  this  State. 

Section  2.  JBe  it  further  enacted^  That  the  Governor  be, 
and  he  is  hereby  authorized  to  employ  a  sufficient  number 
of  persons  to  assist  in  signing  said  notes  ;  and  the  same  shall 
be  done  under  the  immediate  supervision  #ind  control  of  the 
Governor.  And  records  of  said  notes  shall  be  kept  in  the 
same  manner  as  is  now  by  law  provided  for  in  the  act  ap- 
proved December  16th,  1861,  entitled  an  act  to  provide  for 
the  payment  of  the  War  Tax  to  be  assessed  upon  and  col- 
lected from  the  citizens  of  this  State. 

Section  3.  Be  it  further  enacted,  That  ?,^\(\.llve^'s:\\vy  notes 
shall  be  issued  for  the  purpose  of  the  Government,  and  of 
this  l.-5sue  there  is  hereby  appropriated  the  sum  of  Two  Hun- 
dred Thousand  Doll ars.for  the  relief  of  the  disal)le<l  soldiers, 
and  for  the  relief  of  soldiers'  families  that  require  assistance. 

Section  4.  Be  it  further  enacted,  That  it  slmll  be  the  duty 
of  the  several  Justices  of  the  Peace  in  this  State  to  prepare 
lists  of  the  families  of  sucli  soldiers  as  are  now  in  the  mil- 
itary service  of  the  Confederate  States  or  who  have  been  in 
the  service  of  the  Confederate  States  or  of  this  State,  or  who 
died,  were  wounded  or  became  disabled  by  sickness  or  wounds 
while  in  said  service,  and  of  all  soldiers  who  were  wounded 


Treasury  notes 
to  be  issued. 


Persons    to   bo 
ample  yed   in 

signing  notes. 

Becord. 


Purposes  and 
appropriatio  n  s 
for  soldiers' 
families. 


Judges  of  Pro- 
bate to  prepare 
lists,  &-C. 


20 


LAWS  OF  FLORIDA. 


1862. 

Who  entitled  to 
benefit  of  act. 


List  to  be  for- 
warded  to 
Comptroller. 

rroviso. 


Governor  to  dis- 
tribute funds 
for  benefit  of 
soldiers''  fami- 
lies, &c. 


Where  tliere  is 
no  Board  of 
County  C  o  m  - 
iniBsioncrs. 


How  fund  to  be 
xpended. 


or  disabled  by  sickness  while  in  citlier  of  said  service,  and  who 
require  assistance  in  their  several  districts,  setting  forth  in 
said  lists  the  name  of  the  soldier  and  the  name  ot  each  mem- 
ber of  the  family  to  whom  the  aid  is  to  be  given,  and  their 
respective  ages,  and  said  Justices  of  the  Peace  shall  return 
said  lists  without  delay,  to  the  Judge  of  Probate,  who  shall 
consolidate  the  same  and  keep  a  record  of  the  list  so  con- 
solidated, and  said  Judge  of  Probate  shall  forward  said  list 
to  the  Comptroller  of  the  State  :  Provided  Jioivever,  That 
if  said  Justice  of  the  Peace  or  Judge  of  Probate,  or  any  or 
either  of  them,  shall  fail  or  refuse  so  to  do,  or  wherever  there 
are  no  such  officer  or  officers  in  any  county  of  this  State, 
the  Governor  shall  appoint  suitable  persons  to  perform  said 
duties,  and  shall  cause  them  to  be  paid  out  of  the  Treasury 
of  the  county,  if  there  be  any  such  Treasury,  if  not,  out  of 
the  Treasury  of  the  State,  and  for  which  purpose  the  Gov- 
ernor shall  give  his  order  on  the  Comptroller,  who  shall  is- 
sue a  warrant  thereon,  and  the  Treasurer  shall  pay  the  same. 

Section  5.  Be  it  further  enacted.  That  the  Governor  shall 
cause  the  distribution  of  the  moneys  herein  appropriated  to 
be  made  for  the  aid  of  the  said  soldiers  and  families,  according 
to  the  necessities  of  the  several  counties  in  the  State,  being 
governed  by  his  knowledge  of  their  necessities,  the  prices  of 
clothing,  provisions  and  supplies  ;  and  the  Governor  shall 
draw  his  order,  from  time  to  time,  upon  the  Comptroller  for 
said  amount ;  and  said  Comptroller  shall  issue  his  warrant 
for  the  same  in  fa^^or  of  the  Count}'  Commissioners  of  said 
county  for  the  support  of  soldiers  or  soldiers  families  requir- 
ing assistance  ;  and  the  Treasurer  shall  pay  the  same:  Pro- 
mded  Acwj<?V(?/',  That  wherever  there  is  no  such  Board  of  Coun- 
t}''  Commissioners  in  any  county,  or  where  such  Board  fail 
or  refuse  to  perform  the  duties  by  this  act  enjoined,  the  Gov- 
ernor shall  appoint  suitable  persons  to  perform  the  duties 
herein  required  of  the  County  Commissioners,  and  the 
Comptroller  shall  issue  his  warrant,  inserting  their  names  as 
Trustees  of  tlie  county  for  the  purposes  aforesaid. 

Section  0.  Be  it  further  enacted,  That  the  money  so  paid 
out  of  the  Treasury  shall  be  expended  by  the  Board  of  Coun- 
ty Commissioners  or  by  the  Trustees  of  the  county,  appoin- 
ted as  aforesaid,  in  clothing,  provisions,  cards,  spinning 
wheels,  and  necessary  family  supplies  for  such  persons  as  are 
returned  on  said  lists,  and  shall  cause  the  same  to  be  faith- 
fully, justly    and  equitably  distributed,  or  shall  pay  over  to 


Refugees. 


Governor  may 


LAWS  OF  FLORIDA.  21 

said  soldier  or  soldiers'  family  his  or  their  iiro  rata  share  of  1862. 

said  money,  at  their  discretion. 

Section  7.  Be  -vt  further  enacted^  That  in  making  out  the 
list  of  the  different  families,  the  Judge  of  Probate,  or  person 
acting  in  his  stead,  shall  enumerate  with  those  who  are  to 
receive  aid  those  who  have  left  the  county  on  account  of  in- 
vasion hy  the  enemy,  but  who  intend  returning  as  soon  as 
said  invasion  shall  cease. 

Sections.  Be  it  further  enacted^   That  the   Governor  be 
and  he  is  hereby  authorized  to  appoint   a  suiable  person  for  rpVoinragcnt.' 
each  county  in  the  State,  without  delay,   and  shall  cause   to 
be  drawn  from  the  Treasurv,  by  warrant  of  the  Com])troller  May  cause  mo- 
m  favor  01  such  person    such  portion    of  the  money  herein  vanced  from  the 
appropriated  as   may  in   his  judgment,  be  necessary  to  meet  in^meciiatc*'  nl 
the  immediate  wants   of  the   soldiers  and   families    in  each  "ssities. 
county  who  are  herein  before  provided  for,  and  shall  charge 
the  same  to  the  debit  of  each  count}'.  And  he  shall  be  governed 
in  making  such  advance  from  the  best   evidence  at  his  com- 
mand of  the  number  of  soldiers  and  soldiers  families  aforesaid 
in  each  county,  their  present   necessities  and  the   inability  of 
the  county  to  provide   for  their   support,  and  the   money  s© 
advanced  as  aforesaid  shall  be  deposited  by   the  person    ap- 
pointed by  the  Governor  as  aforesaid  and  distributed   as  by 
this  act  is  hereinbefore  provided. 

Section.  9.  Be  it  further  enacted.  That  the  Board  of  County 
Commissioners,  or  Trustees  of  the  County  are  hereby  author- 
ized and  empowered  to  add  to  the  list  suchj)erson  or  persons  Additional lisfc*. 
as  are  provided  for  in  this  act,  and  to  send  amended  lists  from 
time  to  .time  to  the  Comptroller  of  the  State,  for  the  pur- 
pose of  their  receiving  the  aid  intended  by  this  act. 

Section  10.  Be  it  further  enacted^  That  the  Board  of  Coun- 
ty Commissioners  in  each  county  be  and  they  are  hereby  re- 
quested to  levy  and  collect  the  county  tax  lieretofore  an-  county  tax, 
thorized  to  be  levied  for  the  assistance  of  soldiers  families, 
and  to  use  their  best  endeavors  to  aid  the  State  in  the  objects 
aforesaid,  it  not  being  the  intention  of  the  General  Assembly 
toreleive  the  counties  from  any  county  tax  which  may  have 
been  levied  or  isautliorized  to  be  levied  and  collected  for  the 
support  of  soldiers'  families. 

Section  11.  Be   it  further    enacted^   That  the   Governor 
shall  cause  five  hundred    copies  of  this  act  to  be  printed  im-  Publication   ar 
mediately  after  his  approval  of  tlie  same,  and   said   copies  *^*" 
sliall  be  distributed  amongst  tlie  members  of  the  General  As- 


LAWS  OF  FLOKIDA. 

sembly  for  tlie  purpose  of  distribution  in  their  several  coun- 
ties. 

PaBsed  the  Senate  December  4,  lS(J:i.     Passed  the  House  of  RepreseutativcB 
December  5, 1863.-    Approved  December  0,  1S62. 


Chaptek  1,338— [No.  22.] 


Ballot. 


Ballots   to 
uumbered. 


Canvas  s 
votes. 


Returns. 


Canvass 
Judge  of  r 
bates. 


Packages 
Ballots. 


be 


of 


AN  ACT  to  amend  tbe  Election  Laws  of  this  State  as  regards  the  mode  of  vo- 
ting, and  for  other  purposes. 

Section  1.  Jie  it  enacted  by  the  Senate  and  House  of  liepre- 
sentatives  of  the  State  of  Florida  in  General  Assemhlyconvened^. 
That  from  and  after  the  passage  of  this  act,  Avhenever  a  general 
election  is  hekl  in  this  State,  it  shall  be  the  duty  of  all  the  In- 
spectors at  the  different  Precincts  in  each  and  every  county,  to 
require  each  and  every  voter  to  have  the  name  or  names  of  the 
different  candidates  for  whom  said  person  may  be  authorized  by 
law  to  vote,  and  the  name  of  tlte  office  to  which  said  voter  may 
desire  the  person  or  persons  for  whom  he  votes  to  be  elected, 
written  or  printed  on  one  and  the  same  peice  of  ])aper,  wliich  shjiD 
be  numbered  by  the  said  Inspectors  to  correspond  with  the  number 
of  the  name  of  said  voter  on  the  poll-book ;  and  no  ticket  not  cor- 
responding with  the  foregoing  requirement  sliall  be  received. 

Sec.  2.  JBe  it  farther  enacted,  That  it  shall  be  the  duty  of  said 
Inspectors,  as  soon  as  the  poll  of  an  election  shall  have  been  finally 
closed,  and  beford  an  adjournment  by  said  Inspectors  to  canvass 
publicly  the  votes  polled  at  sad  precincts,  and  after  securely  seal- 
ing the  ballots  cast  at  said  precincts,  in  a  separate  package,  and 

endorsing  thereon  ballots  polled  at precinct  on  the 

day  of ,  A.  D.  18 — ,  which  shall  be  signed  by 

the  said  Inspectors,  to  send  in  the  manner  now  provided  by  law 
the  said  package,  together  with  the  usual  returns,  to  the  Judge 
ijy  of  Probate  of  the  county,  who,  with  the  canvassers,  as  is  now  pro- 
'ro-  vided  by  law,  sliall,  on  the  fifth  day  next,  after  said  election  was 
held,  or  sooner  if  the  returns  from  all  the  precincts  in  the  county 
shall  have  been  received,  to  publicl)'  canvass  the  returns  that  shall 
have  been  made,  and  make  and  sign  certificates  now  required  by 
law. 

Sec.  3.  Be  it  further  enacted,  That  the  said  sealed  ])ackages 
of  containing  the  ballots  polled  at  the  diflerent  precincts,  shall  be 
kept  securely  by  the  Judge  of  Probate  of  each  county  for  twenty 
days  from  and  after  the  day  on  which  said  election  was  held,  when, 
in  the  presence  of  the  Clerk  and  Sheriff  of  the  Circuit  Court  of 
the  county,  he  shall  destroy  the  same  by  burning,,  without  un- 


LAWS  OF  FLOEIDA. 


23 


sealing  said  jjackages  or  any  of  them:  Provided,  That  if  any  can- 
didate or  candidates  shall  have  filed  a  notice  or  notices  in  writing 
within  the  said  twenty  days  with  the  Judge  of  Probate,  declaring 
his  or  their  intentidn  to  contest  the  election  of  any  one,  and  pro- 
testing against  the  destroying  the  sealed  packages  aforesaid,  it 
shall  be  tlic  duty  of  the  Judge  of  Probate  to  forward  fortlnvith 
the  said  packages,  together  with  the  returns,  notices  and  pro- 
tests, enclosed  in  one  package,  endorsed  "Papers  relating  to  the 
contested  election  between and of 


Contested  elec- 
tions. 


county,  held  on  the 


day  of 


A.  D.  18—," 


which  shall  be  signed  by  the  Judge  of  Probate  and  forwarded  to 

the  Secretary  of  State,  who  shall  keep  the  same  subject  to  the 

order  of  those  whose  duty  it  is  by  the  existing  laws  to  enquire 

into  and  decide  upon  contested  elections  :  Afid provided /tai/ier, 

That  if  no  such  notice  or  protest  shall  be  filed  Avithin  the  twenty 

days  aforesaid,  it  shall  be  held  as  conclusive  as  to  the  party  or  ' 

parties  holding  the  certificates  of  election  now  required  to  be 

given  by  law. 

Sec.  4.  lie  it  further  enacted,  That  paragraph  number  one  of 
section  number  eiglit  on  page  seventy-seven  [V7]  of  Thompson's  ^(fta^'''o^fsta't^'^' 
Digest  be  so  altered  and  amended  as  to  read    "  On  the  thirtieth 
day  after  any  general  election,"  &c. 

Sec.  5.  Jie  it  further  enacted.  That  all  laws  or  parts  of  lav/s   Repeal, 
conflioting  with  the  provisions  of  this  act,  be  and  the  same  are 
hereby  repealed. 

Passed  the  House  of  Representatives  Decembers,  1863.     Passed  the  Senate 
December  .5, 1SC3.     Approved  by  the  Governor  December  .8, 1863. 


Chapter  1,330— [No.  23.] 


AN  ACT  to  prohibit  Sheriffs  and  Clerks  of  the  Circuit  Courts  of  this  State  from 
appointing  and  having  Deputies  during  the  existence  of  the  present  war. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Mepi'e- 
sentatives  of  the  State  o/  Florida  in  General  Assembly  convened^ 
That  from  and  after  the  passage  of  this  Act,  it  shall  not  be  lawful 
for  any  Slieriif  or  Clerk  of  the  Circuit  Court  of  any  county  in 
this  State  to  appoint,  or  retain  in  office  any  Deputy  who  is  sub- 
ject to  the  conscript  law,  until  after  a  declaration  of  peace  between 
this  Government  and  that  of  the  United  States. 

Sec,  2.  Be  it  further  enacted,  That  any  ofticer  violating  the 
first  section  of  this  Act  shall,  on  conviction  thereof  before  the 
Circuit  Court  of  his  said  county,  be  fined  in  the  sum  of  not  less 
ihan  five  hundred   dollars  and  not  over  one  thousand  dollars,  at 


Deputies. 


Penalty. 


Uepcal. 


LAWS  OF  FLORIDA. 

the  drscretion  of  the  Court,  and  bo  removed  from  his  said  ofiiee 
by  the  Judge  of  tlie  Circuit  Court ;  Promded,  tliis  Act  shall  not 
go  into  effect  until  the  officers  herein  mentioned  shall  have  notice 
of  the  passage  of  this  Act. 

I5kc.  3.  Be  it  further  enacted^  That  all  laws  and  parts  of  *laws 
contravening  the  provisions  of  this  Act,  be  and  the  same  are 
hereby  repealed. 

Passed  the  House  of  Representatives  December  3, 1SG3.    Passed  tlie  Senate 
Deeember  6, 1863.    Approved  by  the  Governor  December  8, 1862. 


CilAPTEK   1,340— [Xo.   24.] 

AN  ACT  to  provide  for  the  payment  of  troops  called  into  or  remaining  in  the 
service  of  the  State  after  the  tenth  day  of  March,  1862. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repi'e- 
sentatives  of  the  State  of  Florida  in.  General  Assemhly  convened^ 
That  the  Comptroller  of  the  State  be  and  he  is  hereby  required 
to  audit  and  allow,  and  the  Treasurer  is  hereby  required  to  pay. 
Amounts  due  upon  "Warrant  from  the  Comptroller,  all  amounts  found  due  to 
viccTo'blf  paid'  military  com^janies  who  were  called  into  the  military  service  of 
the  State  subsequent  to  the  tenth  day  of  March,  1862,  by  compe- 
tent authority,  or  who  remained  in  said  service  under  the  direction 
of  said  authority,  imder  the  same  rules  and  regitlations  as  have 
been  heretofore  adopted  for  the  payment  of  the  military  forces  of 
the  State. 

Sec.  2.  JBe  it  further  enacted.  That  the  Comj^troller  and  Treas- 
urer shall,  in  like  manner,  audit  and  pay  all  amounts  for  trans- 
portation, equijjuients,  su])plies  and  other  expenses  that  may  have 
lawfully  accrued  against  the  State  by  or  on  account  of  the  mili- 
tary operations  of  the  State,  subsecjuent  to  the  tenth  day  of  March, 
1862,  as  aforesaid;  Provided,  that  the  whole  amount  of  expendi- 
ture under  the  provisions  of  this  Act  shall  not  exceed  the  sum  of 
twenty  thousaiul  dollars. 

Passed  the  House  of  Representative.?  Deeember  o,  1SC3.     Passed  the  Senate 
December  5, 1803.     Approved  by  the  Governor  December  8,  1862. 


Transportation, 
equipment  and 
supplies. 


CiiArTEK  1,341— [No.   25.] 

AN  ACT  to  provide  for  the  Payment  of  certain  Certilicatcs  issued  by  the 
State  for  Military  services. 

Section  1.   Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General'  Assembly  convened. 


LAWS  OF  FLOKIDA. 


Certificates  to 
be  paid. 


That  the  Comptroller  and  Treasurer  sliall  audit,  allow  and  pay  1862. 
to  the  holders  thereof,  the  amount  of  principal  and  interest  due 
on  certain  certificates  issued  under  an  Act  to  provide  for  the 
payment  of  Captains  Sparkman's,  Parker's  and  other  volunteer 
companies,  for  service  in  the  year  1849.  Also,  certificates  issued 
under  the  provisions  of  an  Act  approved  January  5th,  1859,  en- 
titled an  Act  to  provide  for  the  payment  of  the  volunteei-  com- 
pany of  Captain  Hansford  D.  Dyche's,  and  other  companies 
therein  named  :  Provided^  that  the  amount  expended  under  the 
provisions  of  this  Act  shall  not  exceed  the  amount  of  twenty  proviso, 
thousand  dollars,  which  is  hereby  approjtriatetl  for  said  purpose. 

Passed  the  House  of  Representatives  December  3,  1862.    Passed  the  Senate 
December  5,  1862.     Approved  by  the  Governor  December  8, 1862. 


Cil.M'TEU   1,:U2— [Xo.   26.] 

AN  ACT  in  relation  to  certain  Certificates  issued  in  Payment  of  Military  ser- 
vices. 

8i:cTiON  1.  Be  it  enacted  1)1/  the  t^enate  and  Jlonse  of  Rej)re- 
sentatives  of  the  State  of  Florida  hi  General  Asse)nbli/  eonvened^ 
That  the  several  Tax  Collectors  of  this  State  be,  and  they  are 
hereby  authorized  and  instructed  to  receive  in  payment  of  taxes  tcf^ecetve'^c^r* 
the  outstandincT  cerlificates  of  the  Comptroller  of  this  State,  tiflcates  in  pay- 
signed  by  T.  W.  Brevard,  Comptroller,  issued  under  the  Act  of 
Januarjf  5,  1859,  entitled  an  Act  to  ])rovide  for  the  payment  of 
the  volunteer  company  of  Captain  Hansford  D.  Dyche's  and 
other  companies  theiein  named,  for  balances  due  any  of  the  citi- 
zens of  this  State  under  said  Act. 

Passed  the  House  of  Representatives  December  3,  18G2.     Passed  the  Senate 
December  5,  1862.    Approved  by  the  Governor  December  8,  1862. 


Chapter  1,343— [Xo.  2V.] 
AN  ACT  to  Establish  the  Records  of  Calhoun  County. 

Section  1.  Be  it  enacted  by  the  Senate  and  lIouHe  of  Repre- 
sentatives of  the  State  of  Florida  in  (reneral  Assembly  convened^ 
That  all  the  provisions  of  an  Act  to  establish  the  Records  of  the   Records  to  be 
county  of  Jackson  and  for  other  purposes,  approved  December   ^"^^   ^^  '^  ' 


26 


LAAVS  OF  FLOIIIDA. 


1862. 


Iiimitation. 


rublicatioii. 


Establishm  e  n  t 
(d'  Record,  &c., 
hY  motion. 


27,  1848,  except  the  tenth  section  thereof,  slmll  be  appHcalile  to 
Calhoun  county :  Provided,  tliat  nothing  in  tliis  Act  sliall  pre- 
vent parties  from  proceeding  at  common  law  or  in  equity  in  the 
same  maimer  they  might  have  done  pi-evious  to  the  passage  of 
this  Act. 

Sec.  2.  JJe  it  further  enacted.  That  all  proceedings  to  estab- 
lish the  records  of  Calhoun  county  under  the  provisions  of  this 
Act,  shall  be  taken  and  commenced  within  four  years  next  after 
the  passage  of  this  Act,  and  not  after;  Provided,  Jiowever,  th?t,t 
when  there  is  no  paper  printed  in  the  Circuit,  notice  may  be  given 
in  the  nearest  paper. 

Sec.  3.  Jie  it  farthfir  enacted,  That  it  shall  be  lawful  to  estab- 
lish any  record  lost  or  destroyed  in  said  county  by  motion  before 
the  Court  in  term  time,  in  the  same  inanner  as  all  other  legal 
motions  are  made,  heard  and  determined,  and  to  sustain  s.iid 
motion  by  oral  or  written  evidence  before  the  Court,  and  the 
Judge  thereof  shall,  if  he  be  satisfied  by  the  evidence  on  the  mo- 
tion aforesaid,  order  the  said  lost  or  destroyed  record  to  be  es- 
tablished, and  said  new  recording  shall  operate  mine  'pro  tunc. 

Passed  the  Honseof  Representatives  December  .3,  1863.     Passed  the  Senate 
December  4,  1863.    Approved  by  the  Governor  December  8, 1863. 


Chapter  1,344— [No.  28.]     '  • 

AN  ACT  to  consolidate  the  offices  of  Clerk  of  the  Circuit  Court  and  Judge  of 
Probate  in  and  for  Manatee  county. 


Ottiri's  cousoli- 
ciaN«d. 


llciieai. 


Sectiox  1.  Be  it  enacted  by  the  Senate  and  lionise  of  Pepre- 
sentatives  of  the  State  of  Florida  in.  General  Asseinhli/  convened. 
That  from  and  alter  the  first  ^Monday  in  October,  A.  D.  18G3,  the 
oflices  of  Clerk  of  the  Circuit  Court  and  the  Judge  of  Probate 
ill  and  for  Manatee  county,  shall  become  consolidated,  and  the 
Judge  of  Probate  shall  thereafter  jieri'orm  all  and  singular  the 
duties,  and  receive  the  fees  and  emoluments  which  a])pertaiu  to 
the  office  of  Clerk  of  the  Court  aforesaid. 

Sec.  2.  Be  it  farther  enacted.  That  all  laws  and  parts  of  huvs 
in  conflict  with  this  Act  are  hereby  repealed. 

Passed  the  House  of  Eepresentatives  December  3d,  1863.     Passed  the  Senate 
December  5, 1863.    Approved  by  the  Governor  December  8, 1863. 


LAWS   OF  FLOKIDA.  27 

1892. 


Chaptek  1,345— [Xo.  29.]  "' 

AN  ACT  relative  to  the  Assessiiieut  of  Taxes. 

Skotion  1.  Be  it  enacted  by  the  Senate  and  Iloufic  of  Ite2)ri- 
tientatii'eii  of  the  State  of  Florida  in  General  Anse)nhl)j  cojiveued,   Board  of  Couniy 
That  the  Boai-d  of  County  Commissioners  of  the  several  conn-  pommissioucrs 

,,,..,  1     11        *i  11  1  .  .        .       to  value  projitT- 

ties  oi  tins  btate  shall  value  all  property  subject  to  taxation  m  ty. 
their  respective  counties  and  assess  tlie  taxes  tliereon  as  required 
by  law  to  be  done  by  Tax  Assessors  and  Collectors. 

Sec.  2.  Be  it  further  enacted,  Tliat  it  shall  be  the  duty  of 
Tax  Assessors  and  Collectors  to  make  a  list  of  all  the  taxable  m„     r.  n    * 
property  m  their  respectnc  counties  as  provided  by  law,  with  to  make  lists. 
such  statistical  facts  concerning  the  same  as  may  be  requisite  in 
estimating  the  value  of  such  taxable  ])roperty  and  make  a  return 
of  the  same  to  the  Board  of  County  Commissioners  of  their  res- 
pective counties  within  the  time  prescribed  by  law  for  the  assess- 
ment of  taxes,  and  the  County  Commissioners  [shall]  thereupon 
proceed  to  value  and  assess  the  taxes  on  such  property  as  provided 
in  the  first  section  of  this  Act :  Provided,  that  nothing  in  this  act  ^'■°^''*"- 
shall  be  so  construed  as  to  change  the  present  requirements  of 
the  law  relative  to  the  books  of  Tax  Assessors  and  Collectors. 

Sec.  3.  Be  it  further  enacted,  That  all  laws  or  parts  of  laAvs 
conflicting  with  the  provisions  of  this  Act  be  and  the  same  are 
hereby  repealed. 

Passed  the  House  of  Representatives  Nov.  27,  1SC3.    Passed  the  Senate  Dec. 
5,  18C2.    Approved  by  tlie  Governor  Dec.  8,  18()2. 


CiiArxER  1,346— [No.  30.] 

AN  ACT  to  amend  an  Act  entitled  an  Act  to  provide  for  tlie  taking  of  Marks 
and  Brands  of  Cattle  driven  or  shipped  from  the  counties  of  Sumter  Ilills- 
boro'  and  Manatee.  ' 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the^  State  of  Florida  in  General  Assembly  convened, 
That  the  provisions  and  requirements  of  an  Act  to  provide  for  the  ^ct  made  appii- 
taking  of  inarks  and  brands  of  cattle  driven  or  shipped  from  the  whoie''.state!*'* 
counties  of  Sumter,  Hillsboro'  and  Manatee,  approved  February 
13,  1861,  be  and  the  same  are  hereby  extended  and  made  applica- 
ble to  all  the  counties  in  this  State. 

Passed  the  House  of  Representatives  November  liT,  1802.    Passed  the  Senate 
Deccaiber  5,  1802.    Approved  December  8, 1802. 


28 


LAWS  OF   FLORIDA. 


1862. 


CiiAPTKij  1,:U7— [No.  31.] 


Non-residents. 


Ifcpcal. 


AN  ACT  to  iimciid  iin  Act  ciuitlrd  an  A.t  to  jirevent  citizens  of  other  Stales 
from  fishing  in  Lakes  laiuonia  and  ^Slicccisukie,  passed  9th  December,  1858. 

Section  1.  Be  it  eh((cted  hy  the  Senate  and  House  of  Re2:>re- 
xentatives  of  the  /State  of  Florida  in  General  Assembly  convened. 
That  from  and  immediately  after  tlie  passage  of  this  Act,  the 
Avords  in  the  first  section  of  the  above  recited  Act,  "  not  residents 
of  this  State,"  be  and  the  same  are  hereby  stricken  out. 

Sec.  2.  Be  it  further  enacted,  That  the  entire  section  number 
two,  be  and  the  same  is  hereby  repealed,  any  law  to  the  contrary 
notwithstandmg. 

Passed  the  House  of  Represeutatives  December  1, 1802.    Passed  the  Senatf: 
December  6, 1863.    Approved  December  8,  1862. 


idated. 


Chapter  1,348— [No.  32.] 

AN  ACT  to  consolidate  the  ofhees  of  Sheriff,  Tax  Assessor  and  Collector  in 
Hernando  Count}'. 

Section  1.  He  it  enacted  by  the  ISenate  and  House  of  Hepro- 
sentMives  of  the  State  of  Florida  in  General  Assembly  convened^ 
Officces  consoi-  That  from  and  after  the  passage  of  this  act,  the  Sheriff"  of  the 
county  of  Hernando  shall  perform  the  duties  of  Sheriff"  and  Tax 
Assessor  and  Collector,  and  that  the  said  office  of  Tax  Assessor 
and  Collector  as  a  separate  and  distinct  office  shall  cease  to  exist, 
and  the  said  Sheriff"  shall  receive  for  assessing  and  collecting  the 
taxes  of  said  county,  and  for  performing  the  duties  required  by 
law  of  the  Tax  Assessors  and  Collectors,  the  same  compensation 
or  commissions  now  allowed  by  law  to  Tax  Assessors  and  Col- 
' lectors. 

Sec.  2.  Be  it  further  enacted,  That  this  Act  shall  be  in  force 
from  and  after  the  time  when  the  terms  of  office  of  the  present 
Sheriff' and  Tax  Collector  of  Hernando  county  shall  terminate 
by  operation  of  law. 

Passed  the  House  of  Representatives  Nov.  28,  1SG2.  Passed  the  Senate  Dee. 
4,  18t52.    Approved  by  the  Governor  Dec.  8,  1802. 


limitation. 


LAWS   OF  FLORIDA. 


29 


Chapter  1,349— [Xo.  :33.] 


1862. 


AN  ACT  for  the  relief  of  John  P.  Duval. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Florida  in  General  Assembly  convened^ 
That  the  sum  of  three  huiulred  and  ninety-six  dollars  and  sixty- 
six  cents  is  hereby  appro])riated  and  setaj^art  for  tlie  payment  of  paid.^™ 
John  P.  Duval's  claim  against  the  State  for  services  rendered, 
and  the  Comptroller  is  hereby  required  to  issue  his  warrant  on 
the  Treasurer  in  favor  of  the  said  Duval  for  the  amount  herein- 
before stated. 

Passed  the  House  of  Representatives  November  23,  1862.    Passed  the  Senate 
December  5, 18(52.    Approved  bj'  the  Governor  December  8,  1862. ' 


Bonds  to  be  is- 
sued. 


ClIAPTEU   1,350 — [Xo.   34.] 

AN  ACT  to  provjde  for  the  re-payment  of  Moneys  withdraivn  from  the  School 
and  Seminary  Funds. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  ill  General  Assembly  convened^ 
That  the  Governor  of  this  State  be,  and  he  is  hereby  authorized 
to  issue  bonds  of  the  State  of  Florida,  in  such  form  as  lie  may 
prescribe,  to  be  imder  the  seal  of  the  Treasurer  and  countersigned 
by  him,  payable  at  such  time  as  the  Governor  may  direct  and 
bearing  an  interest  of  eight  per  cent,  payable  semi-annually,  to 
the  amount  of  the  stock  of  the  several  State  and  other  funds 
withdrawn  by  the  Governor  from  the  School  and  Seminary 
funds  tmder  the  resolution  authorizing  the  Governor  to  ^jurchase  Disposal  of 
arms,  etc.,  approved  on  the  first  day  of  December,  eighteen  huu^  ^°°'"- 
<lred  and  sixty,  and  not  replaced  in  said  funds,  and  that  said 
bonds  be  deposited  in  the  office  of  the  Comptroller  to  the  credit 
of  the  School  and  Seminary  funds  respectively. 

Sec.  2.  Be  it  further  enacted^  That  the  amounts  which  would  Amounts  due 
liave  been  due  to  the  School  and  Seminary  funds  for  the  interst  S'^'^ooi  ^  "°'i- 
u})on  the  amounts  withdrawn  from  said  funds  mider  the  resolu- 
tion aforesaid,  but  which  by  reason  of  such  withdrawal  have  never 
been  paid  to  said  funds,  be  jiassed  to  the  credit  of  said  funds  re- 
spectively. 

Sec.  3.  Be  it  further  enacted^  That  the  right  is    hereby  re-  Bonds  may  be 
served  on  behalf  of  the  State  to  pay  ofl*  and  discharge  the  bonds  p^^^- 


LAWS   OF  FLORIDA. 

issued  in  pursuance  of  this  act  before  the  time  at  "whicli  they  niav 
be  made  iiaytblc. 

Passed  the  Senate  Dec.  1,  1862.    Passed  the  House  of  Representatives  De- 
cember 5, 1802.    Appiovud  b}-  the  Governur  December  .s,  ISO:'. 


Payment  for 
Hospital  6  u  p  - 
lilies. 


Chapter  1,351 — [No.  35. J 

AN  ACT  for  the  Relief  of  James  Cavcrly. 

Section.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convencdy. 
Tliat  the  sum  of  fourteen  dollars  and  seventy-seven  cents  be,  and 
the  same  is  hereby  appropriated  to  James  Caverly,  for  supplies 
furnished  to  the  Marine  Hospital  at  St.  Marks,  for  and  during 
the  year  1861,  and  that  the  Comptroller  be,  and  he  is  hereby  in- 
structed to  draw  his  warrant  on  the  Treasurer  for  the  same,  and 
that  it  be  paid  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated,  any  law  to  the  contrary  notwithstanding. 

Passed  the  House  of  Representatives  Dec.  0,  1803.  Passed  the  Senate  Decem- 
ber 8, 1803.    Approved  by  the  Governor  Dec.  10,  1803. 


Chapter  1,352— [Xo.  30.] 


Claim  allowed. 


Payment  of  aC" 
count. 


AN  ACT.  for  the  Relief  of  S.  J.  Perry,  Deputy  Sheriff  of  E.  W.  Vann,  Sheriff  of 
Madison  county. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Aesenibly  convenedy 
That  the  Comj)troller  of  Puljlic  Accounts  be  and  he  is  hereby 
authorized  to  audit  and  allow  the  Claim  of  Samuel  J.  Perry, 
Deputy  Sherift"  of  E.  W.  Vann,  Sherift'  of  Madison  county, 
amounting  to  the  sum  of  one  hundred  dollars,  being  the  amount 
due  him  for  sei'vices  in  carrying  Eleanor  Espy,  a  lunatic,  to  the 
Asylum  at  Milledgevile,  Georgia,  and  that  he  issue  his  warrant 
upon  the  Treasurer  for  the  same. 

Sec.  2.  Be  it  farther  enacted.  That  the  sum  of  one  hundred 
dollars,  out  of  any  monies  that  may  be  hereafter  appropriated  for 
the  support  and  maintenance  of  Lunatics,  be  and  the  same  i» 


LAWS  OF  FLORIDA.  3l 

h^eby  appropriated  for  the  payment  of  the  account  mentioned         1862, 
in  the  first  section  of  this  Act.  " 

Passed  the  House  of  Representatives  December  6tb,  1862.    Passed  the  Senate 
December  8th,  li^B^.     Approved  by  the  Governor  December  10th,  1S62. 


Preamble. 


Chapter  1,853— [No.  37.] 
AN  ACT  for  the  relief  of  John  Kelly  and  for  other  purposes. 

Whereas,  by  an  order  of  the  Judge  of  the  Circuit  Court  of  the 
Middle  Cn-cuit  of  Florida  for  the  county  of  Madison,  made  in 
the  year  1859,  one  Susan  Kelly,  a  lunatic,  was,  according  to  the 
statute,  ordered  to  be  taken  by  the  Sherilf  of  Madison  c-ounty 
to  a  Lunatic  Asylum:  ^bid  whereas^  owing  to  a  want  of  funds 
or  a  suitable  appropriation  for  such  purpose,  the  said  Sheriff 
was  unable  to  obey  the  order  made  in  the  premises :  A7id 
frhereas,  by  such  default,  the  said  Susan  Kelly  Avas  remanded  « 

to  the  custody  of  her  parents  liy  said  Sheriff,  and  has  been  in 
their  care  and  custody  up  to  the  present  time,  at  great  expense 
and  trouble  to  them  :  Aftd  whctras,  the  parents  of  said  lunatic 
are  of  very  limited  means  and  are  unable  to  bear  the  burthen 
of  such  a  charge,  which,  of  right,  should  be  borne  by  the  State 
according  to  law,  therefore — 

Skctiox  1.  Be  it  enacted  hi/  the  /Senate  and  House  of  Bepre- 
^iitatives  of  the  State  of  Florida,  in  General  Assembly  convened^ 
That  the  said  John  Kelly,  the  father  of  the  said  lunatic,  Susan 
Kelly,  be  and  he  is  hereby  authorized  to  receive  ten  dollars  per 
month  from  the  first  day  of  November,  1859,  up  to  the  present  Appropriation. 
time  for  the  care  and  custody  of  said  lunatic,  and  ten  dollars  per 
month  hereafter,  annually,  until  such  lunatic  shall  be  sent  to  the 
Asylum  or  otherwise  jn-ovided  for  by  law ;  and  that  the  Comp- 
troller shall,  on  ajiproving  the  account  for  the  care  of  said  lunatic, 
issue  a  warrant  for  the  amount,  to  be  ])aid  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated. 

Passed  the  House  of  Representatives  December  5,  1862.    Passed  the  Senate 
December  8, 1862.    Approved  by  the  Governor  December  10, 1862. 


Chapter  1,354— [No.  38.] 
AN  ACT  relating  to  the  trial  of  persons  in  this  State  during  the  existing  war. 

Sectiox  ].  Be  it  enarted  hi/  the  Senate  and  House  of  Bepre- 
sentatives  of  the  State  oj  Florida  in  General  Assemblf/  convened. 


32 


LAWS  OF  FLORIDA. 


1862.  That  from  and  after  the  passage  of  this  Act  any  person  or  persofis 
violations  of  wlio  are  guilty  of  the  violation  of  any  of  the  laws  of  this  State, 
law  in  counties  j,^  ^^y  ^,f  ^jjg  counties  held  or  which  may  be  held  by  the  enemy, 


held  by  the  ene- 
my. 


it  shall  be  lawful  to  try  said  ])ersoii  or  persons  in  the  county 
neai"est  the  one  in  Avhich  the  offence  may  have  been  committed, 
in  whicli  courts  may  be  held  during  the  existence  of  the  present 
Avar. 

Passed  the  Senate  December  11, 1802.     Passed  the  House  of  Representatives 
December  13,  1802.    Approved  by  the  Governor  December  13,  18(52. 


OflSces,    where 
may  be  kept. 


Kcpeal. 


Chapter  1,355— [No.  39.] 
AN  ACT  in  relation  to  the  County  Offices  of  Calhoun  county. 

Section  1.  J^e  it  enacted  hi/  the  Senate  axel  House  of  Rejyre- 
sentatives  of  the  State  of  Florida  in  General  Assembly  convened^ 
That  the  offices  of  the  county  of  Calhoun,  such  as  Sheriff,  Judge 
of  Probate,  Tax- Assessor  and  Collector  and  Clerk  of  the  Circuit 
Court,  may  be  kept  at  the  dwellings  of  tlie  respective  officers. 

Sec,  2.  Be  it  farther  enacted^  That  all  laws  and  parts  of  laAvs 
conflicting  with  this  be  and  the  same  are  hereby  repealed. 

Passed  the  House  of  Representatives  December  3,  1863.  Passed  the  Senate 
December  8, 1803.    Approved  by  the  Governor  December  10, 1862. 


Chapter  1,356— [No.  40.] 


AN  ACT  to  authorize  county  offices  under  certain  circumstances  to  keep  their 
offices  and  records  at  other  places  than  that  now  desis^nated  by  law. 

Whereas,  there  are  now  positions  of  our  State  exposed  to  and 
threatened  by  tlie  incursions  of  an  enemy,  thereby  endangering 
the  safety  of  the  public  I'ecords,  therefore — 
Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives of  the  State  of  Florida,  in  Genercd  xissembly  convened. 
County  Com-  That   whenever   the   Board   of  County   Commissioners   in   any 

missioners  may  .i.^^i  inn  ,i  it  i  ^^^.i 

order  removal  county  111  this  State  shall  deem  the  public  records  unsaie  at  the 

'        '  Court  House  of  said  county,  on  account  of  the  enemy,  they  are 

hereby  authorized  to  order  the  several  county  officers  to  remove 

their  respective  records  and  to  keep  their  offices  at  such  place  or 


Preamble. 


of  records. 


LAWS  OF  FLOEIDA.  33 

places  of  safety  as  said  Commissioners  may  designate,  until  the        1862. 
expiration  of  tiie  present  wnv  with  the  United  States. 

Passed  tlic  House  of  RcpresentatiTes  December  6, 1SG:3.    Passed  the  Senate 
December  8, 180:2.    Approved  by  the  Governor  Deccraber  10, 1862. 


CllAI'TEU   1,357— [I\0.   41.] 

AN  ACT  to  repeal  Ordinance  number  fifty-two  (52)  of  the  Convention  of  the  State 
of  Florida  entitled  an  ordinance  for  stren2;theninic  the  Executive  Dejiart-  ' 

ijicnt  during  the  exigencies  of  the  present  war,  and  ordinance  number  tifty- 
cight  (5S)  of  said  Convention  providing  the  mode  of  tilling  va.aucics  in  the 
Executive  Council. 

Sectiox  1,  lie  it  enacted-  hy  the  Senate  and  House  of  Mepre- 
sentatives  of  the  State  of  Florida  in  General  AssemUy  coiivened. 
That  Ordinance  unmber  fifty-two  (52)  of  the  Convention  of  the 
State  of  Florida,  entitled  an  Ordinance  for  strengthening  the 
Executive  Department  diu'ing  the  exigencies  of  the  present  war,  Repeal. 
and  Ordinance  number  fifty-eight  (58)  of  said  Convention,  pro- 
vi<ling  tlie  mode  of  filUng  vacancies  in  the  Executive  Council,  be 
and  the  same  are  hereby  repealed . 

Passed  the  House  of  Representatives  December  -i,  1802.    Passed  the  Senate 
December  8, 1862.    Apprpved  by  the  Governor  December  10, 1863. 


Caapteii  1,858— [Xo.  42.] 

AN  ACT  cuipowiiing  Judges  of  Probate  to  grant  orders  to  Exccuiors  and  Ad- 
ministrators to  sell  real  estate  for  distribution. 

Section  1 .  Be  it  enacted'lnj  the  Senate  and  House  of  Repre- 
srMatives  of  the  State  of  Florida  in  General  Assembly  convened. 
That  from  and  after  the  passage  of  this  x\ct,  the  Judges  of  Pro-  ju(i„es  of  Pro- 
bate for  the  several  counties  of  this  State  shall  have  full  power  to  bate" may  order 
order  and  decree  the  sale  of  lands  of  all  deceased  persons  for  ^^^^' 
purposes  of  distribution  among  the  heirs,  devisees,  or  legatees  of 
such  decedents. 

Sec.  2.  Be  it  further  enacted.  That  when  a  decree  or  order  of 
sale  of  such  real  estate  be  made  by  the  Probate  Judge,  the  Judge 
ordering  the  same  shall  require  petitioner  to  enter  into  bond  and  uomi. 
sufficient  security,  to  be  approved  by  tlie  court,  conditioned  for 


34 


LxiAVS  OF  FLOEIDA. 


1862. 

Juiicr  of  Bale. 


Report  and  final 
decree. 


the  faithful  i»tiynient  and  application  of  the  money  arising  from 
said  sale  according  to  the  linal  decree ;  said  sales  to  be  made  by 
petitioner  nnder  bond  and  security  as  aforesaid,  and  not  by  com- 
missioners as  heretofore  required  by  law. 

Sec.  3.  Be  it  further  enacted,  That  Avhen  the  Judge  orderiug 
sale  of  real  estate  shall  receive  the  report  of  such  sales,  he  shall 
determine  if  the  conditions  of  sale  have  been  complied  "with,  and 
thereupon  make  final  decree  and  order  said  petitioner  or  salesmen 
to  convey  the  estate  sold  to  purchaser  as  commissioners  have 
been  heretofore  I'equired  by  law  to  do. 

Sec.  4.  Be  it  further  enacted,  That  all  laws  or  parts  of  laws 
conflicting  with  the  provisions  of  this  Act,  be  and  the  same  are 
hereby  repealed. 

Passed  the  Seuate  November  29,  18(52.  Passed  the  House  of  Representatives 
Deeamber  8, 18G:2.    Approved  b>  the  Goveruor  Deeembcr  10,  1862. 


Chapter  1,359— [Xo.  40.] 

AN  ACT  to  rexjcal  an  act  to  facilitate  the  coustruction  of  the  St.  Johns  and 
Indian  River  Canal,  api^roved  January  1st,  1857,  and  for  other  purposes. 


Kepeal. 


Co'nmissioncr  s 
to  make  Keport 
and  transfer  as- 
set to  Board  of 
Trustees  Int. 
Improvement. 


Board  Int.  Imj). 
to  demand  com- 
pliance  with 
act. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 
sentatives  of  the  State  of  Florida  in  General  AsseniUy  convened. 
That  an  Act  entitled  an  Act  to  facilitate  the  construction  of  the 
St.  Johns  and  Indian  River  Canal,  approved  the  first  day  of  Jan- 
uary, 1857,  be  and  the  same  is  hereby  re[)ealed. 

Sec.  2.  Be  it  further  enacted.  That  the  Commissioners  of  the 
St.  Johns  and  Indian  Kiver  Canal  be  and  they  are  liereby  directed 
to  transfer  and  deliver  to  the  Board  of  Trustees  of  the  Internal 
Im])rovement  Fund,  all  goods,  chattels,  monies,  rights,  credits, 
books  and  papers,  and  all  property  of  whatever  kind  belonging 
to  or  under  the  control  of  the  said  Commissioners,  and  release  to 
said  Trustees  or  otherwise  convey  to  them,  by  })i'oper  and  lawful 
deeds  of  conveyance,  all  lands  and  real  estate  now  owned  by  said 
Commissioners ;  and  the  said  Connnissioners  are  directed  to  make 
to  said  Trustees  a  full  report  of  all  the  doings  and  transactions  of 
said  Commissioners  since  the  first  day  of  January,  1857,  and  ren- 
der to  said  Trustees  a  full  and  true  account  of  all  their  receipts 
and  expenditures  since  said  date,  and  a  statement  of  work  done. 

Sec.  3.  Be  it  further  enacted,  That  the  Trustees  of  the  Inter- 
nal Improvement  Fund  shall  demand  of  the  Connnissioners  of  the 
St.  Johns  and  Indian  liiver  Canal  a  compliance  with  the  direc- 
tions and  requirements  of  the  second  section  of  tliis  Act  at  as 
early  a  day  as  practicable. 


LAWS  OF  FLOEIDA. 


3i) 


Sec.  4.  Be  it  further  enacted.  That  the  Trustees  of  the  Inter- 
nal Improvement  Fund  be  and  they  are  hereby  autliorized  to  sue 
for  all  money  due  to  said  Commissioners  and  to  institute  such 
proceedings  in  law  or  chancery  as  may  be  necessary  to  enforce 
or  annul  any  contracts  entered  into  with  said  Conimissioners,  and 
to  carry  out  the  provisions  and  requirements  of  this  Act,  and  if 
necessary,  tliey  are  hereby  authorized  to  use  the  name  of  the 
State  of  Florida  for  that  purpose. 

Sec.  '5.  Be  it  further  enacted.  That  it  be  and  it  is  hereby  made 
the  duty  of  the'  Board  of  Trustees  of  the  Internal  Improvement 
Fund  to  present  to  the  next  General  Assembly,  as  soon  as  prac- 
ticable after  its  organization,  a  statement  of  all  the  facts  in  con- 
nection with  the  commencement,  progress  and  present  condition 
of  the  work  on  said  Canal,  a  statement  of  the  money  paid  and  on 
what  account,  also  a  statement  of  the  lands  set  apart  for  this  work 
by  eighths  of  sections,  and  if  any  have  been  disposed  of,  to  whom 
and  on  what  terms,  also  a  full  statement  of  the  transactions  of 
the  Canal  Commissioners  with  regard  to  bonds,  and  a  statement 
of  tlie  amount  and  actual  value  of  work  done  on  said  Canal. 

Sec.  6.  Be  it  further  enacted.  That  all  lands  and  property  of 
whatever  kind  required  to  be  transferred  and  conveyed  by  this 
Act  to  the  Trustees  of  the  Internal  Improvement  Fund,  shall  be 
held  by  said  Trustees  subject  to  the  l\iture  action  of  the  General 
Assembly. 

Sec.  v.  Be  it  further  enacted.  That  the  Trustees  of  the  Inter- 
nal Improvenie^it  Fund  are  hereby  instructed  to  obtain  from  the 
Commissioners  of  the  St.  Johns  and  Indian  River  Canal  the  report 
of  the  last  engineer,  Mr.  Burchel,  relative  to  the  practicability  or 
impracticability  of  said  Canal  and  ])resent  the  same  to  the  next 
General  Assembly. 

Sec.  8.  Be  it  further  enacted.  That  the  Attorney  Geuei-al  shall 
file  an  application  before  the  Supreme  Court  for  a  re-hearing  in 
the  case  ot  the  Trustees  of  the  Internal  Improvement  Fund  vs. 
William  Bailey,  before  a  competent  tribunal,  or  by  bill  or  other- 
wise, to  be  filed  by  him,  sliall  come  before  a  competent  tribunal 
to  have  the  questions  in  the  above  case  settled,  and  the  questions 
arising  out  of  this  Act  in  regard  to  the  Indian  River  Canal. 

'Passed  the  House  of  Representatives  December  5, 18t)2.     Passed  the  Senate 
December  8,  1862.    Approved  by  the  Governor  December  10, 1S02. 


1862. 


Trustees  of  Int. 
Imp.  Fund  aa- 
thorized  to  sue. 


Board  of  Trus- 
tees to  report 
concerning  said 
canal. 


Lands   t  r  a  n  e  ■ 
fcrred. 


Report  of  Engi- 
neer. 


Atty.  General  to 
file  petition  Ibr 
retiearing,  &c. 


LAWS  OF  FLORIDA. 


ClIAPTKK    1,360— [No.   44.] 


AN  ACT  to  prevent  duriiii^'  the  existiug  -war  Mouopolics,  Extortions  aud  Spec- 
ulations in  Bread-stuffs  and  other  articles  of  general  use  aud  consumption^ 
and  to  make  such  acts  criminal,  and  to  provide  penalties  for  the  same. 


Purchasini;  a  r- 
ticl.cs  under 
false  represeu- 
tation. 


PenaUj'. 


Monopolies. 


DuOTO-ssmeiit. 


Corporations. 


Articles  pur- 
chased out  o  f 
J,lie  State. 


Section  1.  Be  it  enacted  hy  the  Seriate  and  Mouse  of  Repre- 
sentatives of  the  Stctte  of  Florida  hi  General  Assembly  con- 
vened, That  if  any  persou  sliall  purchase  any  articles  of  clothings 
shoes,  leather,  cloth  of  any  kind,  provisions,  Avheat,  flour,  corn, 
meal,  meat,  bacon,  hogs,  cattle,  salt,  bagging,  rope  and  twine 
sugar,  syrup  or  molasses,  or  any,  or  either  of  the  aforesaid  arti- 
cles, or  any  article  or  thing,  and  shall  falsely  represent  that  he,  or 
they,  is  or  are  purcliasing  such  article  or  articles  for  the  soldiers 
or  Government,  or  ai'my  of  this  State,  or  of  the  Confederate 
States,  or  any  of  the  Confederate  States,  or  shall  by  any  fraudu- 
lent contrivance,  induce,  or  attempt  to  induce  the  vendor  to  be- 
lieve that  he  or  they  is,  or  are  purchasing  such  article  or  articles 
for  the  army  or  Government  of  this  State,  or  the  Confederate 
States,  or  any  of  the  Confederate  States,  such  person  so  offend- 
ing shall  be  guilty  of  a  felony  and  upon  conviction  thereof  in  the 
county  where  the  purchase  may  be  made,  shall  be  punished  by 
imprisonment,  not  less  than  one  year,  nor  longer  than  three  years  ; 
and  upon  all  trials  for  such  offence,  after  proof  of  the  representa- 
tion shall  be  made,  the  burthen  of  proving  the  agejicy  shall  rest 
upon  the  defendant. 

Sec.  2.  Be  it  further  enacted,  Tliat  all  and  every  person  or 
persons  who  shall  monopolize  any  of  the  articles  above  men- 
tioned, with  intent  to  produce  a  scarcity  of  such  article  or  arti- 
cles in  the  market,  or  of  raising  the  price  or  prices  of  such  arti- 
cles, or  either  of  them,  or  if  any  person  or  persons  shall  purchase, 
procure,  or  receive  any  of  the  articles  spec-ified  in  the  ]>receding 
section  and  .hold  the  same  for  the  purpose  of  engrossing  the  mar- 
ket and  raising  the  price  of  such  article  or  articles,  such  person 
or  persons  so  offending  shall  be  guilty  of  a  UHsdenieanor,  and 
upon  conviction  thereof  shall  l)e  f.ued  in  a  sum  not  less  than  five 
hundred  dollars,  nor  exceeding  five  thousand  dollars. 

Sec.  3.  Be  itfirther  enacted,  That  if  any,  or  either  of  the  of- 
fences specified  and  described  in  the  foregoing  sections,  shall  be 
committed  by  a  corporation  through  its  agent,  the  President  and 
Directors  of  such  corporation,  as  also  the  agent  so  offering  the 
articles  for  sale,  shall  be  liable  to  be  severally  indicted  for  sueb 
offence,  and  upOn  conviction,  shall  be  punished  as  hereinbefore 
jDrescribed. 

Sec.  4.  Be  it  further  enacted.  That  any  of  the  above  articles 
may  be  purchased  without  the  limits  of  this  State,  and  imported 
into  tliis  State  foi"  sale,  and  at  a  price  not  exceeding  the   current 


LAWS  OF  FLORIDA. 


37 


prices  iu  the  lieiglibovliood  where  tlic  same  sliall  be  offered  for        1892. 
sale. 

Sec.  5.  Be  it  farther  enacted.,  That  it  shall  be  the  duty  of  the  grand  Juries  to 
Judges  of  the  Circuit  Courts  of  this  State,  at  the  opening  of  their  I'e  especially 
respective  Courts,  to  give  the  provisions  of  this   act  iu    special  '^  ^^^^^ 
charge  to  the  Grand  Jury. 

Sec.  6.  Be  It  further  enacted.,  That  in   all   indictments   under  indictment, 
this  act  it  shall  only  be  necessary  to  state  the  olfence  generally 
and  substantially  in  the  words  of  this  act. 

Si-:c.  7.  Be  itfxrthcr  enacted.,  That  this  act  shall  take  effect 
and  go  into  operation  from  and  after  the  tenth  day  of  its  approval 
by  the  Governor,  and  shall  continue  in  force  for  tvrelve  months, 
or  until  the  qyu\  of  the  present  war. 

Passed  the  Senate  December  3,  1S62.    Passed  the  House  of  Representatives 
Deem  er  8,  1863.     Approved  by  the  Governor  December  10, 1SC~*. 


Limitation. 


Chaptkk  1,;5G1— [Xo.  45.] 

AN  ACT  for  the  relief  of  Gen.  WiUiani  E.  Anderson  and  others. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatires  of  the  State  of  Florida  in  General  Asscnihli/  eonvened, 
That  tlie  Comptroller  of  the  State  bo  and  he  is  hereby  required 
to  audit  and  allow,  and  the  Treasurer  is  hereby  required  to  pay 
upon  warrant  from  the  Comptroller,  all  amounts  found  due  to 
General  William  E.  Anderson  and  others  for  services  i-endered 
in  the  truns})ortation  of  arms,  ammunition,  Ac,  from  jMariauna 
to  Xeil's  landing  in  Jaokson  county,  and  also  the  amoimts  found 
due  to  Captain  J.  M.  F.  Erwin's  company  for  services  rendered 
in  guarding,  discharging  and  trans])orting  of  arms  and  ammunition 
on  board  the  Steamer  Florida  from  St.  Andrews  Bay  to  Mari- 
anna  in  the  county  aforesaid,  under  and  by  virtue  of  an  order 
from  his  Excellency,  the  Governor  of  this  State;  Promded..  that 
the  whole  amoimt  of  expenditure  under  the  provisions  of  this 
Act  shall  not  exceed  the  sum  of  tv»-enty-two  hundred  and  eighty 
five  dollars  and  eight  cents. 

Passed  the  House  of  Representatives  December  5, 1S():2.    Passed  the  Senate 
December  8,  1862.    Approved  by  the  Governor  December  10,  1802. 


Payment   for 
transportation, 


Proviso. 


38 


LAWS  OF  FLOEIDxi. 


1862. 


Chapter  1,302— [No.  40.] 


Paj'ment  for 
services  in  In- 
dian war. 


Oscar  Ilart. 


Widow  of  J.  L. 
Ilopkins.j 


Treasurer   fo 

pay  warrautg. 


AN  ACT  for  the  relief  of  the  widow  of  Gcu.  Bciijainiu  Ilopkius  and  others. 

Section  1.  Be  it  enacted  by  the  Senate  ond  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened^ 
That  the  Comptroller  of  this  State  is  hereby  instructed  to  atidit 
and  allow  to  the  widow  of  General  Benjamin  Hopkins  tlie  pay 
and  allowances  which  he  would  have  been  entitled  to  \as  Major 
General  in  the  army  of  the  United  States  in  time  of  peace,  if  he 
had  been  in  their  service,  for  the  time  he  was  engaged  in  the  ser- 
vice of  the  State  of  Florida  in  operations  against  the  Indians  in 
South  Florida,  in  the  years  1852  and  1853:  Provided,  t\\^X,  \he 
pay  allowed  to  and  received  by  him,  under  the  resolution  ap- 
proved January  8th,  1853,  be  deducted  from  the  amoimt  hereby 
directed  to  be  allowed. 

Sec.  2,  Be  it  further  enacted.  That  the  said  Comptroller  audit 
and  allow  to  Oscar  Hart  the  pay  and  allowances  of  Adjutant 
General,  allowed  in  the  army  of  the  United  States,  fot  the  time 
he  was  engaged  in  the  service  of  the  State  of  Florida  as  Adjutant 
General  in  operations  against  the  Indians  in  South  Florida,  tmder 
the  command  of  General  Hopkins,  in  1852  and  1853  ;  Provided, 
that  the  pay  allowed  to  and  received  by  him  under  the  resolution 
approved  January  8th,  1853,  be  deducted  from  the  amount  hereby 
directed  to  be  allowed. 

Sec.  3.  Be  it  further  enacted,  That  the  said  Comptroller  audit 
and  allow  to  the  widow  of  John  L.  Hopkins  the  ]-)ay  aiul  allow- 
ances of  Aid-de-Camp,  allowed  in  the  army  of  the  United  States, 
for  the  time  he  was  engaged  in  the  service  of  the  State  of  Florida 
as  Aid-de-Camp,  in  operations  against  the  Indians  in  South  Flo- 
rida, under  the  command  of  General  Hopkins,  in  1852  and  1853; 
Provided,  that  the  pay  allowed  to  and  received  by  hini  under  the 
resolution  approved  January  8th,  1853,  be  deducted  from  the 
amount  hereby  directed  to  be  allowed. 

Sec.  4.  Be  it  further  enacted.  That  the  Treasurer  of  this  State 
is  hereby  directed  to  pay  the  warrants  which  shall  be  issued  by 
the  said  Comptroller,  in  pursuance  of  the  foregoing  Act,  out  of 
any  monies  in  the  Treasury. 

Passed  the  Senate  December  1,  18(W  Passed  the  House  of  RepreseuUitives 
December  !),  1862.     Approved  bj'  the  Governor  December  10, 1802.. 


LAWS  OF  FLORIDA. 


Ci[Ai>Ti:ii  1,303— [Xo.  47.] 


AN  ACT  to  ivu;ul;itc  Trade  and  Intercourse  with  the  Indians. 


Section  1.  JJc  it  enacted  by  tJie  Senate  and  Jlouse  of  Rep- 
resentatives of  the  State  of  P  lor ida  in.  General  Assemhli/ con- 
cen.cd^  That  the  Governor  of  the  State  shall  a])j)oint  an  Indian 
Agent  wTio  shall  hold  his  otVice  during  the  ))leasure  of  the  Gover- 
nm-,  and  shall  receive  a  salary  of  tiftecu  hundred  dollars  per  an- 
num, payable  quarterly  out  of  the  Treasury  of  the  State,  and  who 
shall  give  Lond  Avith  two  or  more  securities,  to  be  ai)])roved  by 
the  Governor,  in  the  penal  sum  of  ten  thousand  dollars  for  the 
faithful  discharge  of  his  duties. 

Sec.  2.  Be  it  further  enacted.  That  it  shall  be  the  duty  of  said 
ai^ent  to  establish  b)'  compact  or  agreement  with  the  Indians  in 
Florida  the  geogra]>hical  boundaries  of  the  territory  assigned  to 
them,  which  are  as  follows,to-wit :  all  of  the  main  land  lying  South 
of  a  line  commencing  at  the  mouth  of  Caloosahatchie  river,  thence 
up  said  river  to  Lake  Okeechobee,  thence  along  the  "Western  and 
Northern  margin  of  sa.d  Lake  to  where  it  is  intersected  by  the 
Township  line  dividing  Townshii)s  thirty-seven  and  thirty-eight, 
thence  eastwardly  along  said  Township  line  to  the  Atlantic  Ocean. 
Said  agent  shall  give  to  said  Indians  assurance  of  the  protection 
of  the  State,  and  shall  generally  manage  and  sui)erintend  all  in- 
tercourse with  the  Indians  within  their  boundaries,  agreeably  to 
law ;  he  shall  obey  all  legal  instructions  which  may  be  given  to 
liim  by  the  Governor,  and  carry  into  eflect  such  regulations  as  the 
Governor  may  prescribe. 

Sec.  3.  Jie  it  further  enacted.  That  said  agent  be  allowed  an 
interpreter,  to  be  employed  by  said  agent  at  a  salary  of  one  thou- 
sand dollars  per  annum,  to  be  paid  out  of  the  Treasury  of  this 
State. 

Sec.  4.  Be  it  further  ciiacte<\.  That  it  shall  be  the  duty  of  said 
agent,  as  soon  as  he  complies  with  the  requisitions  of  this  Act 
and  is  commissioned  by  the  Governor,  to  repair  with  the  inter- 
preter to  the  Indian  nation  and  there  hold  a  talk  with  the  Indians 
and  ascertain  their  wishes,  wants  and  necessities,  and  immediately 
transmit  a  detailed  account  thereof  to  his  Excellency,  the  Gover- 
nor, who  shall  then  be  empowered,  it  he  shall  deem  it  necessary, 
to  appoint  some  suitable  person  to  procure  for  and  furnish  said 
Indians  with  such  articles  as  it  may  be  found  they  stand  in  need 
of,  tmdcr  the  direction  of  the  Governor,  and  such  restrictions  as 
lie  may  deem  necessary  for  the  full  consideration  of  the;  objects 
contemplated  by  this  Act ;  that  the  Governor  shall  have  power 
to  draw  upon  the  Treasurer  of  the  State  at  such  time  or  times, 
for  such  amounts,  as  may  be  deemed  necessary  to  accoiiiplish  the 


Governor  to  ap- 
point Indian  A- 
gent. 


Bond. 


Boundaries  of 
the  Indian  Ter- 
ritory. 


Duties  of  agent. 


Interpreter. 


Duties  of  agent. 


Merchant. 


Articles  for  use 
of  Indians. 


(Governor  may- 
draw  money. 


40 


LAWS  OF  FLOPJDA. 


1862. 


Trade  with  In- 
dians proliibi- 
tcd. 


Persons  may 
not  enter  the  In- 
dian reserves. 


Stock  &  horses. 


Purchases  from 
Indians  prohib- 
ited. 


Spirituous  li- 
quors prohibi- 
ted. 


Persons  t  a  m  - 
pcring  with  In- 
dians. ^ 


Crimes  commit- 
ted within  the 
Indian  country. 


objects  of  this  Act,  not  to  exceed  the  sum  of  five  th.ousaiul  dolhirs 
m  the  aggregate  per  annum. 

Si:c.  5.  Be  it  further  enacted^  That  if  any  i)erson  other  tlian 
such  person  as  the  Governor  shall  appoint  shall  attempt  to  intro- 
duce goods  and  trade  with  the  Indians,  lie  shall  forfeit  all  mer- 
chandize ofiered  for  sale  to  the  Indians  or  found  in  his  possession, 
and  shall  moreover  forfeit  and  pay  the  sum  of  two  thousand  dol- 
lars, and  said  merchandize  may  be  seized  by  the  agent. 

Skc.  6.  Be  it  furtJter  enacted.  That  no  person  shall  pafts  within^ 
the  Indian  limits  Avithout  a  license  tlierefor  from  the  Indian  Agent 
or  remain  therein  longer  than  permitted  by  such  license  under  a 
penalty  of  five  hundred  dollars,  and  the  Agent  sliall  have  autho- 
rity to  remove  from  the  Indian  country  all  persons  found  therc- 
m  contrary  to  law. 

Sec.  1.  Be  it  further  enacted.  That  if  any  person  shall  drive 
or  othei'wise  convey  any  stock  of  horses,  mules,  hogs  or  cattle  to 
range  and  feed  on  the  territory  assigned  to  the  Indians  without 
permission  of  the  Agent  and  consent  of  the  Indians,  such  per- 
sons shall  forfeit  the  sum  of  five  dollars  for  each  animal  of  such 
stock. 

Sec.  8.  Be  it  further  enacted,  That  if  any  person  other  than 
an  Indian  shall,  within  the  Indian  country,  purchase  or  receive 
of  any  Indian  in  the  way  of  barter  or  trade,  any  gun  or  ammuni- 
tion, or  other  article  commonly  used  in  hunting,  any  instrument 
of  liusbandry  or  cooking  utensil  or  any  article  of  clothing,  lie 
shall  forfeit  and  pay  the  sum  of  five  hundred  dollars. 

Sec.  9.  Be  it  further  enacted,  That  if  the  person  appointed 
by  the  Governor  to  trade  and  barter  with  the  Indians,  or  any 
other  person  shall  sell,  exchange,  give,  barter,  or  dispose  of,  any 
spirituous  liquors  or  wine,  to  an  Indian  in  the  Indian  co  intry, 
or  shall  introduce  or  attempt  to  introduce  any  spirituous  liquor 
or  wine  into  the  Lidian  country,  such  person  sliall  foi'feit  and 
pay  the  sum  of  one  thousand  dollars,  and  it  shall  be  lawful  for 
any  ofiicer  of  the  State  or  any  Indian  to  take  and  destroy  any  ar- 
dent spirits  or  wine  found  in  the  Indian  country. 

Sec.  10.  Be  it  further  enacted.  That  if  any  person  shall  send, 
carry,  or  deliver  any  speech,  message  or  letter  to  the  Indians, 
Avitli  an  intent  to  procure  an  infraction  of  any  law  of  this  State, 
or  to  disturb  the  peace  and  tranquility  thereof,  he  shall  forfeit 
and  ])ay  the  sum  of  one  thousand  dollars,  and  be  imprisoned  not 
less  than  twelve  months. 

Se(;.  13.  Be  it  farther  enacted,  Tliat  Avhere,  in  the  commission 
by  a  white  person  of  any  crime,_  offence  or  misdemeanor,  within 
the  Indian  country,  the  property  of  any  Indian  is  taken,  injured 
or  destroyed,  and  a  conviction  is  had  for  such  crime,  offence  or 
misdemeanor,  the  person  so  convicted  shall  be  sentenced  to  pay 
to  such  Indian  to  whom  the  property  may  have  belonged  a  sum. 


LAWS   OF  FLORIDA. 


41 


Penalties  may 
be  sued  for. 


Property  seizM. 


equal  to  twice  the  just  value  of  the  property  so  taken,  injured  or         1862. 
destroyed,  or  be  imprisoned  for  a  term  not  exceeding  twelve 
months. 

Sec.  12.  Beit  further  enacted,  That  all  penalties  whicli  shall 
accrue  under  this  Act,  shall  be  sued  for  and  recovered  in  an  ac- 
tion of  debt,  in  the  name  of  the  State  of  Florida,  before  any 
Court  having  jurisdiction  ot  the  same  in  any  county  in  wliich 
the  defendant  sliall  be  arrested  or  found. 

Sec,  13.  Be  it  further  enacted.  That  when  any  goods  or  other 
property  are  seized  by  the  Agent  for  any  violation  of  this  Act, 
it  shall  be  lawful  for  the  Agent  to  deliver  the  same  to  the  Sher- 
iff of  the  county  in  which  they  are  seized,  or  of  the  nearest  adja- 
cent county  where  terms  of  the  Circuit  Court  are  held,  and  tlie 
Circuit  Court,  at  the  next  ensuing  terna  thereof,  shall  make  an 
order  for  the  sale  of  such  ])roperty  at  such  times  and  places,  nd 
upon  such  terms  as  the  Court  shall  deem  best,  and  the  seizure  of 
the  property  shall  be  sufHcient  notice  to  the  owner  thereof  with- 
out iurther  service.  Where  tlie  goods  are  of  a  j)orishable  nature, 
the  Sheriff  may  sell  the  same  under  the  rules  and  regulations 
governing  the  sales  of  such  property  levied  on  imdcr  attachment. 

Sec.  14.  Be  it  furthir  enacted.  That  if  any  ])erson  who  shall 
be  charged  w'ith  a  violation  of  any  of  the  provisions  or  regida- 
tions  of  this  Act  or  with  the  commission  of  any  crime,  misdemean- 
or or  offence  against  the  laws  of  this  State,  within  the  Indian 
country,  shall  be  found  in  any  county  of  this  State,  such  offender 
may  be  there  apprehended  and  brouucht  to  trial,  as  if  such  crime 
or  offence  had  been  committed  within  such  county  :  Provided, 
hoioever,  that  the  criminal  laws  of  this  State  shall  not  extend  to 
crimes  committed  by  one  Indian  against  another  within  the  In- 
dian boundary. 

Sec.  15.  Be  it  further  enacted,  That  the  Agent  shall  be,  and 
he  is  hereby  authorized  and  empowered  to  take  the  depositions 
of  witnesses  touching  any  offences,  depredations  or  violations  of 
law  within  the  ])urvie\v  of  this  Act,  and  to  administer  an  oath  to 
the  deponents. 

Sec.  16.  Be  it  further  enacted.  That  the  Governor  shall  be, 
and  he  is  hereby  authorized  to  prescribe  rules  and  regulations  as 
he  may  th'nk  fit  for  carrying  into  effect  the  provisions  of  this 
Act,  and  for  the  settlement  of  the  accounts  of  the  person  ap- 
pointed to  trade  and  barter  Avith  the  Indians. 

Sec.  17.  Be  it  further  enacted.  That  all  laws  and  parts  of  Repeal, 
laws  contrary  to  the  provisions  of  this  Act  be,  and  the  same  arc 
hereby  repealed. 

Sec.   is.  Be  it  further  enacted,  That  this  Act  shall  be  in  force  Limitation. 
from  and  after  its  passage. 

Passed  the  House  of  Representatives  December  5,  1862.    Passed  the  Senate 
,  December  9,  ISG'i.     Approved  hy  the  Governor  December  13, 1863, 
6 


Persons  viob- 
ting  this  act. 


Proviso. 


Witnesses. 


(lovernor  mar 
prescribe  regu- 
lations. 


42 


LAWS   OF  FLORIDA. 


1862. 


Chapter  1,364— [No.  48.] 


of  Governor. 


Mectioii. 


AN  ACT  to  cniTj  into  effect  the  18th  Section  of  the  3d  Article  of  the  Constitu- 
tion of  the  State  relating  to  vacancies  in  the  office  of  Governor. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  i^lorida  in  General  Assembly  con- 
offncy^^n*^office  vcned^  Tliat  in  case  of  the  removal  from  office  by  death  or  refu- 
sal to  qualify  of  the  Governor,  during  the  term  for  which  he  was 
elected,  the  President  of  the  Senate  or  the  Speaker  of  the  House 
of  Representatives  as  the  case  may  be,  who  is  actino;  as  Govern- 
or according  to  the  provisions  of  the  Constitution,  sliall  immedi- 
ately u])on  assuming  the  duties  of  said  office,  issue  his  ])roclama- 
tion  giving  sixty  days  notice  of  an  election  to  be  held  to  fill  such 
vacancy  in  said  office  of  Governor,  the  canvass  of  said  votes  to 
be  made  in  thirty  days  after  said  election,  and  the  Governor  elect 
to  be  qualified  within  fifteen  days  after  said  canvass ;  Provided, 
that  in  case  the  terra  of  office  to  be  filled  by  such  Governor  elect 
shall  not  exceed  sixty  days,  there  shall  be  no  election  ordered  ac 
above  provided. 

Sec.  2.  Be  it  further  enacted^  That  the  resignation  of  the  Gov- 
ernor shall  take  effi.'ct  only  in  the  way  and  manner  herein  provi- 
ded. The  Governor  intending  to  resign  shall  issue  his  proclama- 
tion giving  notice  of  his  intention  to  resign  on  a  day  to  be  named 
therein,  and  ordering  an  election  to  be  held  to  fill  such  intended 
vacancy  ;  said  election  to  be  held  in  not  less  than  sixty  days  from 
the  date  of  said  proclamation,  the  canvass  of  the  votes  given  at 
said  election  to  be  counted  on  the  thirtieth  day  after  said  eh^^tion 
and  the  Governor  elect  to  be  qualified  within  fifteen  days  after 
said  canvass,  and  till  such  Governor  elect  is  qualified,  the  Gov- 
ernor in  office  shall  continue  to  perform  the  duties  of  said  office. 

Passed  the  House  of  Representatives  December  6,  186^.  Passed  the  Senate. 
December  10,  18(53.    Approved  by  tlie  Gorernor  December  12,  18(53. 


Resignation 
Governor. 


of 


Chapter  1,365— [No.  49.] 


AN  ACT  to  authorize  the  Board  of  County  Commissioners  of  the  several  Coun- 
ties in  this  State  to  levy  a  specific  tax  fol-  the  relief  of  the  soldiers  in  the  ser- 
vice of  the  State  or  of  the  Confederate  States. 


Section  1 .  Be  it  enacted  by  th.e  Sen.ate  and  House  of  JRepre- 

sentatives  of  the  State  of  7'^loridain  General  Assembly  convened, 

SdsMmicr^^au-  That  the  Board  of  County  Commissioners  of  the  several  coun- 

thorizcd  to  levy  ties  of  this  State  be  authorized  and  empowered  to  levy  annually 


LAWS   OF  FLORIDA. 


43 


a  separate  and  (listinct  tax.  not  exceeding:  one  hundred  per  cent, 
on  the  State  tax,  upon  all  the  property  in  their  respective  coun- 
ties subject  to  taxation  by  the  laws  oftliis  State,  and  appropriate 
the  same  under  such  rules  and  regulations  as  they  may  respec- 
tively prescribe,  for  the  purchase  of  clothing-,  caps,  shoes,  blnnkets, 
ifec,  or  materials  out  of  which  to  ni:inufacttu-e  the  same,  for  tlie 
use  of  the  soldiers  from  their  respective  counties  who  are  or  may 
l)ei)i  the  military  service  of  the  State  or  of  the  ConfcMlerate  States 
during  the  existence  of  the  present  war. 

Skc.  2.  /)*('  //  further  enacted.  That  tlu>  taxes  levied  under  the 
authority  conferred  by  the  foregoing  section  of  this  Act  shall  be 
assessed  and  collected  by  the  Tax  Assessors  and  Collectors  of  the 
several  counties  of  this  State,  at  the  same  time  and  pl.-ces,  under 
the  same  rules  and  regulations  as  are  pi-escribed  by  law  for  the 
assessing  and  collecting  of  the  State  taxes. 

Sec.  3.  IJe  it  further  enacted,  That  the  said  several  Tax  As- 
sessors and  Collectors  shall  pay  over  the  amount  of  taxes  collected, 
under  authority  of  this  Act,  to  the  Treasurers  of  their  respective 
counties,  taking  their  receipts  for  the  same,  and  shall  receive  as 
compensation  for  their  said  services,  such  pay  and  allowance  as 
may  be  annually  apj)ropriated  by  their  resi)ective  Boards  of 
County  Commissioners. 

Sic(;.  4.  Be  it  further  enacted,  That  the  Board  of  County  Com- 
missioners for  each  county  in  tliis  State  be  and  they  are  Iiereby 
authorized  to  appropriate  any  balance  that  may  be  in  their  re- 
spective Treasiu-ies,  belonging  to  their  county  not  otherwise  ap- 
propriated, for  the  purposes  enumerated  in  the  first  section  of 
this  Act,  and  in  case  there  be  no  such  balance,  to  borrow  such 
amounts  as  they  may  deem  necessary  to  meet  such  exigencies 
and  necessities  as  may  arise  among  their  soldiery  prior  to  making 
the  collections  hereby  authorized,  and  pledge  the  faith  of  the 
county  for  the  re-payment  of  the  same. 

Sec.  5.  Be  it  further  enacted.  That  when  the  Captain  or  otlier 
(iommanding  officer  of  any  company  front  any  cou.nty  of  this  State 
shall  notify  and  inform  the  President  of  the  Board  of  County 
Commissioners  of  his  county  that  his  company  or  any  member  or 
members  thereof  are  destitute  of  the  necessary  clothing,  shoes, 
blankets,  etc.,  and  unable  to  procure  the  same  from  theanthori- 
ties  of  the  Confederate  States,  it  shall  be  the  duty  of  the  same 
President,  and  he  is  hereby  authorized  and  requii-ed  forthwith  to 
use  all  legitimate  and  proper  efforts  to  relieve  said  destitution  by 
purchasing  or  causing  to  be  manufactured  and  forwarding  by  a 
special  agent  the  amount  of  clothing,  shoes,  bhinkets,  &c.,  neces- 
sary. 

Skc.  G.  Be  it  further  enacted.  That  tlto  said  several  Boards  of 
County  Commissioners  shall  be  and  they  are  hereby  required  to 
keep  a  just  and  correct  accoinit  of  all  monies  expended  by  them 


1S62. 


Supplies   im 
soldiers. 


Assessment  and 
collection  of 
tax. 


Tax  Collectors 
to  pay  over  tax 
to  ;County 
Treasurer. 


Compensation. 


Balances   in 
county    troasn- 

ry. 


Captain  notify- 
ing county  Cojm- 
m  1  9  s  ioiiers  ^f 
destitution. 


Account  shall  ke 
kept. 


K  011(1   of 
Collector?. 


Tax 


LAWS  OF  FLORIDA. 

umler  iiuthority  of  this  Act,  and  u[)Oii  tuniin<j:  over  any  clothintr 
or  other  supplies  necessary  for  the  comfort  and  well  beino-  of 
their  respective  companies,  the  Pi-esident  of  the  respective  Boards 
shall  take  or  cause  to  be  taken  the  receij^t  of  the  Quartermaster 
of  the  reji-inient  to  which  said  company  may  belong,  sjiecifyiii"- 
the  number  and  nature  of  the  pieces  and  the  estimated  value 
thereof  so  turned  over  as  aforesaid,  with  the  view  of  adjusting 
the  same  with  the  government  of  the  Confederate  States  upon 
the  establishment  of  peace. 

Sec.  7.  Be  it  further  enacted.  That  the  official  bonds  of  the 
said  several  Tax  Assessors  and  Collectors  shall  be  liable  and  held 
responsible  for  the  faithful  collection  and  i)ayment  of  the  amount 
of  taxes  assessed  or  received  by  them  respectively  under  author- 
ity of  this  Act. 

Passed  the  House  of  Representatives  December  11,  1862.    Passed  the  Scuate 
December  11, 1862.     Approved  by  the  Governor  December  12, 1862. 


Chapter  1,366— [Xo.  50.] 


AN  ACT  to  provide  for  tbc  location  of  Lauds  in  lieu  of  cancelled  Land  War- 
rant locations. 


Warrants. 


Section  1.  JBe  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened^ 
(anceiicd  loea-  That  in  allcases  where' the  location  of  a  Military  Bounty  Land 

tion  of  L  a  n  rt    ..^^  ,  .  ,  ,.  .  ''  "^     ,.     , 

\V  arrant,  made  prior  to  the  act  ot  secession,  upon  any  of  the 
pu))lic  lands  of  this  State  was  cancelled  by  the  General  Land 
Office  at  Washington,  and  the  Land  Warrant  has  not  been  re- 
turned to  the  person  locating  the  same,  and  where  such  locations 
may  hereafter  be  cancelled,  the  person  owning  said  Land  War- 
rant shall  have  the  right  to  locate  other  lands  to  the  amount 
granted  in  said  warrant,  in  the  same  manner  and  under  the  same 
regulations  as  though  said  Warrant  was  in  his  possession ;  Pro- 
vided, Jiotoever,  That  this  act  shall  not  a})ply  to  locations  can- 
celled for  any  defect  in  the  Warrant  itself,  or  the  assignment 
thereof. 

Passed  the  House  of  Representatives  December  8,  1862.     Passed  the  Senate 
December  10,  1802.    Approved  by  the  Governor  December  12,  1862. 


Provise. 


.AWS  or  FLORIDA. 


45 


CiiAi-iJEK  ],:itw — [No.  5].] 


1862. 


AN  ACT  to  prevent  tlic  entry  of  Lands  Ofc-upied  l)y  Soldiers  or  their  Funiilics 
dnrinir  the  coiitinuance  t)f  the  pr'  sent  war,  and  also  to  reiiulate  the  entry  and 
sale  of  Pulilie  Lands. 


Sectiox  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  Of  Florida  in  General  Assembh/  convened^ 
That  the  Ilegister  of  Public  Lands  be  and  he  is  liereby  required 
to  suspend  all  further  entries  of  lands  which  are  occupied  by  sol- 
diers in  the  service  of  this  State  or  of  tlic  Confederate  States,  or 
by  their  families,  during-  tlie  continuance  of  the  present  war;  and 
that  any  entries  of  lands  so  made,  subsequent  to  the  passage  of 
this  act,  by  accident,  mistake,  or  want  of  information  on  the 
part  of  either  the  llegister  or  Receivers,  be  and  the  same  are 
hereby  declared  voidable  upon  application  to  the  Register  by  the 
soldier  or  his  family,  who  resides  on  sucli  lands  so  entered,  or 
their  duly  authorized  agent ;  Provided,  That  the  provisions  of 
this  act  shall  be  limited  to  one  hundred  and  sixty  acres  of  land 
so  occupied  or  settled  by  a  soldier  or  his  family ;  yh/d  provided 
further.  That  the  claimant  shall  have  three  years  from  the  close 
of  the  war  in  which  to  pay  for  the  land. 

Sjic.  2.  lie  it  further  et/acted,  That  the  lands  derived  from  the 
United  States  by  secession,  shall  be  restored  to  market  on  the 
first  Monday  in  April,  eighteen  hundred  and  sixty-three,  and 
subject  to  entry  at  one  dollar  per  acre,  except  hammock  lands, 
which  shall  be  subject  to  entry  at  two  dollars  per  acre. 

Sec.  3.  J)e  it  further  enacted,  That  the  Register  be  and  he  is 
hereby  required  to  give  thirty  days  notice  in  each  county  in  the 
State  whcj'e  these  lands  are  situated,  by  advertising  in  a  news- 
paper published  in  or  nearest  the  county,  and  by  putting  a  notice 
in  at  least  three  public  ])laces,  one  of  which,  if  it  is  practicable, 
shall  be  near  the  front  of  the  Court  House. 

k^EC.  4.  Be  it  further  e/iacfed,  That  when  such  lands  are  re- 
stored to  market,  any  person  who  may  have  cultivated  and  im- 
jiroved  any  part  thereof,  shall  be  entitled  to  enter  the  same  in 
j)reference  to  other  applicants;  Provided,  That  such  preference 
shall  only  extend  to  one  himdred  and  sixty  acres;  Provided,  also. 
That  the  settler  shall  make  application  within  twelve  months 
from  the  time  such  lands  shall  be  subject  to  entry. 

Sec.  5.  Be  it  furtJur  enacted.  That  all  citizens  of  this  State 
holding  land  warrants  derived  from  or  under  any  act  of  the 
United  States,  prior  to  the  secession  of  this  Slnte,  who  shall 
have  been  in  po---'ession  of  said  warrant  prior  to  said  act  of  seces- 
sion, or  waii-ants  issued  to  citizens  of  this  State  after  secession, 
shall  have  the  right  to  locate  such  warrant  upon  any  lands  sub- 
ject to  entry  under  the  provisions  of  this  act. 


Sale  of  lauds 
occupied  by  sol- 
diers, suspend- 
ed. 


Proviso. 

Sale  of  lands. 

Price. 
Notice  of  sale. 


Cultivated    and 
improved  lands. 


Proviso. 


Citizens  hold- 
ing land  War- 
rants. 


46 


LAAVS   OF  FLORIDA. 


1862. 


Lands  entered 
after  Jau'v  10. 
1S61. 


I'roviBo. 


Location  of 
Salesman  an  d 
Keceiver's  offi- 
cers. 


Entries  of  lands 
hy  soldiers. 


Proviso. 


Lands    entered 
by  soldiers. 


Kepeal. 


Skc.6.  •7><^  it  further  enacted^  That  all  ])ersoiis  who  entered 
lands  or  locatf-d  land  warrants  at  the  late  United  States  Land 
Office  in  this  State,  after  tlie  tentli  <hiy  of  January,  eigliteen  liun- 
dred  and  sixty-one,  sliall  he  allowed  to  enter  saiti  lands  from  the 
State  and  pay  for  tlie  same,  at  the  price  oriy-inally  paid,  and  to 
locate  said  warrants  U{)on  the  same  lands  ni)on  which  they  were 
orio'iiially  located;  JWrvided^  That  sucli  entries  and  locations 
would  have  been  legal  under  the  laws  and  recculations  of  the 
United  States  had  the  State  not  seceded. 

Sec.  T.  Jie  it  further  enacted,  That  the  Salesman  or  Keceiver's 
Offices  for  the  several  Circuits  in  this  State,  shall  be  located  as 
follows :  That  of  the  Western  Circuit  at  Eucheeanna ;  that  of 
the  Suwannee  Circuit  at  Newnansville ;  that  of  the  Eastern  Cir- 
cuit at  Orange  Springs,  during  the  war,  and  after  tlie  war  at 
J*alatka ;  and  that  of  the  Southern  Circuit  at  Tampa,  or  at  any 
other  point  in  Hillsborough  where  the  Receiver  may  consider  it 
of  greater  safety ;  and  it  shall  be  the  duty  of  the  said  Salesman 
or  Receivers  to  keep  their  offices  at  said  places  res25ectively. 

Sec.  8.  Be  it  furtlier  enacted,  That  all  persons  who  shall  have 
served  as  soldiers  during  the  present  war,  shall  have  the  right  to 
enter  any  of  the  lands  derived  by  the  act  of  secession,  not  exceed 
ing  one  hundred  and  sixty  acres,  at  the  rate  of  fifty  cents  per 
acre,  for  any  lands  lying  within  six  miles  of  a  navigable  river  or 
route  of  a  Railroad  as  aforesaid,  and  twenty  cents  per  acre  for 
any  lands  lying  beyond  six  miles  from  such  ri^-er  or  railroad 
route ;  Pi'ovided,  That  said  entry  shall  not  be  made  until  two 
years  of  actual  residence  upon  said  land,  and  proofs  of  said  resi- 
dence shall  have  been  rendered  to  the  satisfaction  of  the  Register 
of  Public  Lands. 

Sec.  9.  Be  it  further  enacted,  That  lands  entered  by  the  sol- 
diers as  aforesaid,  shall  not  be  subject  to  sale  under  execution 
during  the  life-time  of  the  holder;  Provided,  He  continues  to 
occupy  said  land. 

Sec.  10.  Be  it  further  enacted.  That  all  laws  and  ])artsof  law^s 
inconsistent  Avitli  this  act,  be  and  the  same  are  hereby  repealed. 

Passed  the  Seuato  Dec.  8,  1862.     Passed  the  House  of  Represcutiitives  De" 
cember  11, 1802.    Approved  by  the  Coveruor  December  lo,  1862. 


Chaptek   1,368— [Xo.   52.] 


AN  ACT  in  relation  to  tlie  issue  of  patents  to  lands  entered  in  this  State  prior 
to  the  date  of  secession  of  the  State  of  Florida. 

Section  1.  Be  it  enacted  hi/  the  Seriate  and  House  of  Beprc- 
sentatives  of  tJce  State  of  Florida  in    (rcncral  Assevihly  con- 


LAWS  OF  FLOEIDA. 


47 


vened,  That  from  and  after  the  passage  of  this  Act,  all  persons        1862. 

having  certificates  of  entry  for  lands  entered  by  them  or  any  - 

other  person,  and  they   owning  the  same,  and  there  cannot  be 

any  patent  found  in  any  of  the  land  offices,  it  shall  be  the  duty        •  ter  t    ■ 

of  the  Register  of  Public  Lands  to  issue  a  patent  in  the  name  of  suepatent. 

said  person  presenting  the  same,  provided   the  entries  on  the 

books  correspond  with  said  certificates. 

Sec.   2.  lie  it/urt/oir  e/tocttd,  That  the  person  so  ap})lying  for 
•said  errant  or  i)atent  shall  pav  the  Register  the  sum  of  fifty  cents    „    .  .     ^ 

,  ^'..i  I.  o  1-j     Register  to  re- 

lor  so  issumg  said  patent  or  patents;  said  patents  to  be  signcct  ceivefee  foria- 
by  the  Governor  and  countersigned    by  the  Register  of  Public   '^"'"s  patent. 
Lands- 

Sec.  y.  JJc  it  further  enacted^  That  ail  laws  or  parts  of  laws 
couflictuig  against  this  Act  be  and  the  same  are  hereby  repealed.  Repeal. 

Passed  the  House  of  Representatives  December  6,  1»62.     Passed  the  Senate 
December  ID,  lS(i2.     Approved  by  the  Goveruor  Deeeraber  13,  1862.  ^ 


Chapteu  1,369— [No.  53.] 


AN  ACT  to  re-establish  the  records  of  any  couuty  iu  this  State  which  have 
beeu  lost,  mislaid  or  destroyed. 

Sectiox.  1.  Be  it  enacted  by  the  /Senate  and  House  of  Repre- 
scntativts  of  the  /State  of  Florida  in  General  Asstmbbj  eonvened^  Records  loet  or 
That  it  shall  be  lawful,  when  any  person  whose  titles,  deeds,   Uestroyed. 
bonds,  mortgages,  conveyan<;es,  receipts,  or  other  papers  required 
or  authorized  by  law   to  be  recorded,  and  whicii  have  been  of 
record  or  on  file  for  record  in  any   county  iu  this  State  and  lost, 
mislaid  or  destroyed,   who   shall  produce  a  paper   writing  pur-   ^^^^ 
porting  to  be  a  copy,  or  as  near  as  may  be  known  or  recollected, 
a  copy  ot  the  original  paper  so  lost,  mislaid  or  destroyed  as  afore- 
said, with  full  or  circumstantial  proof  of  the  substance  thereof, 
and  of  his  or  her  title  thereto,  or  interest  therein,  and  shall  file 
the  same  in  the  otficc  of  the  Clerk  of  the  Circuit  Court  or  record-  ^'ot'cc- 
ing  otticer  of  the  county  where  such  paper  was  recorded  or  filed 
for  record,  and  serve  on  the  opposite  party  to  be  atiected  there- 
by a  copy  thereof,    or  give  notice  by  advertisement  in  a  news- 
paper published  iu   the  Circuit  of  which  said  couuty  is  a  part, 
or   if  no   newspaper   is   published  iu  said   Circuit,  in    a  news- 
paper publihsed  in  the   nearest  Circuit,   for   the  space  of  three 
months,  that  such  person  intends  to  establish  such  title,  deed, 
bond,  mortgage,  conveyance,  receipt  or  other  paper  required  or 
autliorized  by  law  to  be  recorded,  in  case  no  sutticieut  objection  Establishment 
be  made,  for  the  Circuit  Court  of  said  county  at  its  first  term  af- 


Marks    and 
brands. 


Kecord  of  Mar- 
riages. 


Wills  and  let- 
ters testamenta- 
ry, &c. 


Judgments 
decrees. 


and 


LAWS  OF  FLORIDA. 

ter  giving  sut-li  notice  to  establisli  the  title  atid  riglit  of  such  per- 
son and  admit  again  to  record  such  papers  so  established  as 
aforesaid  :  Provided,,  That  notliing  contained  in  this  section  shall 
be  so  construed  as  to  prohibit  the  recoording  of  any  paper  autho- 
rized or  required  by  law  to  be  recorded,  upon  the  pi-esentation 
of  the  original  with  the  Clerk's  certificate  of  record  thereon. 

Sec.  2.  Be  it  farther  enacted.,  Tliat  to  re-establish  the  record 
of  marks  and  brands,  lost,  mislaid  or  destroyed  as  aforesaid,  the 
person  making  such  application  shall  make,  before  the  Clerk  of 
the  Circuit  Court  or  recording  officer  of  said  county,  an  affidavit 
stating  the  particular  mark  and  brand  recorded  and  so  lost,  mis- 
laid or  destroyed,  and  as  near  as  may  be  known  or  recollected, 
the  time  when  the  same  was  recorded. 

Sec.  3.  Be  it  further  enacted.,  That  to  re-establish  the  record 
of  marriages  lost,  mislaid  or  destroyed,  the  person  making  sucli 
miplication  shall  make  an  affidavit  before  the  Clerk  of  the  Cir- 
cuit Court  of  said  count}',  stating  the  names  of  the  persons  mar- 
ried, the  name  and  ofiicer  who  administered  the  marriage  cere- 
mony, the  officer  from  which  the  license  was  issued,  and  as  near 
as  may  be  the  date  of  the  license,  which  affidavit  sliall  be  filed 
and  recorded  in  the  Clerk's  oflice  of  said  county. 

Sec.  4.  Be  it  further  enacted^  That  to  re-establish  record  of  any 
will,  letters  testamentary  of  administration  or  guardianship,  of  as- 
signment of  dower,  or  any  other  pa])er  or  ])apers,  or  any  instru- 
ment of  writing  or  judgment,  order  or  decree  of  the  Probate 
Court  or  Judge  in  any  way  connected  witji  the  administration 
of  the  estate  of  any  decedent,  or  the  administration  of  guar- 
dians authorized  or  required  by  law  to  be  recorded,  and  which 
have  been  of  record,  or  on  file  for  record,  in  any  Probate  office  in 
this  State  and  which  have  been  lost,  mislaid  or  destroyed,  the 
applicant  shall  produce  the  original  or  a  paper  wi'iting  purport- 
ing to  be  a  copy,  or  as  near  as  may  be  known  or  i-ecollected,  a 
copy  of  the  original  paper  or  record  so  lost,  mislaid  or  destroyed, 
with  full  or  circumstantial  proof  of  the  substance  thereof,  accom- 
panied with  a  declaration  of  his  intention  to  establish  such  record 
or  paper  so  lost,  mislaid  or  destroyed,  and  shall  notify  the  oppo- 
site party  or  persons  interested,  in  the  ma;;ner  provided  in  the 
first  st;Ction  of  this  Act,  and  at  the  first  term  of  the  Circuit  Court 
thereafter,  if  no  sufficient  objection  be  made,  such  recoi'd  or  pa- 
per so  lost,  mislaid  or  desti'oyed,  shall,  by  order  of  said  Court, 
be  re-established  and  again  admitted  to  record. 

Sec.  5.  Be  it  further  enacted..  That  in  all  cases  where  judg- 
ments at  law  or  decrees  in  chancery  have  been  entered  or  re- 
corded in  the  County,  Superior  or  Circuit  Coui'ts  of  any  county 
in  this  State,  the  evidence  of  which  shall  have  been  lost,  mislaid 
or  destroyed,  it  shall  and  may  be  lawful  for  the  plaintiiT  or  party 
interested  therein  by  himself  or  his  attorney,  to  file  his  certain 


LAWS  OF  FLOEIDA.  49 

petition  upon  oath  statin^-  the  facts  in  such  case,  Avhich  petition  1862. 
shall  be  filed  three  months  previous  to  any  term  of  the  Circuit 
Court  of  said  county,  and  a  copy  tliereof  shall  be  served  in  the 
same  manner  as  otlier  legal  process,  at  least  sixty  daj'S  before 
any  term  as  aforesaid  at  which  any  action  upon  the  same  shall 
take  place  upon  the  defendant  or  his  representatives. 

Si':c.  G.  Be  it  farther  enacted.,  That  whenever  it  shall  be  made 
to  a])poar  by  affidavit  to  the  Judge  of  the  Circuit  Court  that  5l","cf  deflifd- 
any  party  defendant  or  his  representatives  reside  beyond"  tlie  aut. 
limits  of  this  State,  it  shall  be  lawful  for  said  Judge  to  order  a 
hearing  on  the  facts  charged  in  said  petition,  and  thereupon  to 
pass  an  order  in  the  same  manner  as  though  said  defendant  had 
appeared  and  were  present  in  Court:  Provided^  That  a  copy  of 
said  order  for  the  hearing  shall  have  been  first  served  upon  the 
said  defendant,  his  authorized  agent,  or  legal  representative, 
sixty  days  before  the  time  f^ed  for  the  said  hearing,  or  be  i:)»b- 
lished  in  some  news])aper  in  said  Circuit,  or  if  there  be  no  news- 
paper in  said  Circuit,  in  a  newspaper  pul)lished  in  some  other 
Circuit,  for  the  term  of  three  months,  or  such  longer  time  as  the 
Judge  n\ay  direct. 

Si-c.  V.  Jie  it  further  enacted.  That  defendant's  answer  shall  f^^,^,^_  °^  ^^ 
be  filed  within  sixty  days  from  the  date  of  the  service  of  a  copy 
of  said  petition,  or  in  case  of  ])ublication  of  an  order  for  hearing, 
shall  be  filed  at  least  thirty  days  before  the  day  fixed  for  the 
hearing  of  the  same. 

Sec."  8.  Be  it  furtlier  enacted,  That  it  shall  be  the  duty  of  the  Scaring  o 
Judge  of  said  county,  \ipon  being  satisfied  that  notice  has  been 
given  as  aforesaid,  to  iiear  the  same  upon  the  petition  and  answers, 
or  petition  and  evidence  adduced  if  there  be  no  answer,  and 
summary  proceedings  shall  thereupon  be  had  to  establish  such 
judg:iicut  jv  1.  erce  in  such  manner  as  the  Court  may  direct,  and 
the  judgment  or  decree  which  may  thereupon  be  rendered  by 
the  said  Court,  if  in  favor  of  the  petitioner,  shall  be  deemed  as 
re-establishing  such  judgment  or  decree  to  all  intents  and  purpo- 
ses as  the  same  existed  at  the  time  of  the  loss  or  destruction  of 
the  evidence  of  the  same,  and  if  upon  the  hearing  of  said  peti- 
tion it  shall  appear  to  the  satisfaction  of  the  Court,"by  the  affida- 
vit of  the  petitioner  or  otherwise,  that  an  execution  had  issued 
upon  said  judgment  or  decree,  and  that  said  execution  had  been  orla"!^°^  '^  °  ^ 
lost,  mislaid  or  destroyed,  and  not  paid  or  satisfied,  the  said 
Court  shall  incorporate  in  its  judgment  re-establishing  such  judg- 
ment or  decree  an  order  that  another  execution  be  issued. 

Sec.  9.  Be  it  further  enacted.  That  when  the  documents,  pa- 
pers and  instruments   of  writing  pertaining  to  proceedings  and  Stm  ofiVstpS- 
matters  pending   and  undetermined  in  any  Coiu't  in  this  State,  pe^s. 
.shall  be  lost,  mislaid  or  destroyed,  all  such  papers,  documents 


60 


LAWS  OF  FLORIDA. 


1862.         ami  instruments  of  wilting  may  l»e   re-estublislsed  in  tlu'  nir.nner 

'  prescribed  by  laAv  in  reference  to  lost  p:ii)ers,  or  in  tiie  manner 

pointed  ont  in  this  Act,   or  in  such  maimer  as  the  Court  sh.ali 
specially  direct. 

Skc.  10.  Be  fitnrther  tnacted,  That  MJicnever  the  seal  of  office 

Seal  destroyed,   of  tlic  Clerk  of  the  Circuit  Court  or  Judge  of  Prol:)ate  of  any 

county  in  this  State  shall  have  been  or  may  hereafter  l)e  destroyed, 

his  private  seal  shall  be  sufficient  in  all  cases  Avliere  a  seal  is  re- 

quired  by  law,  imtil  a  seal  of  office  is  provided  for  said  Court. 

Sec.  11.  Beit  further  enacted,  That  all  proceedings  taken  ui>- 
der  the  provisions  of  the  first  section  of  this  Act,  so  far  as  deeds 
and  other  conveyances  of  real  estate  are  concerned,  shall  be  takeis 
and  commenced  within  four  years  next  after  the  said  deeds  or 
other  conveyances  shall  have  been  lost,  mislaid  or  destroyed,  anvl 
not  after. 

Sec.  12.  Be  it  further  enacted,  T^fiat  nothing  in  this  Act  con- 
tained shall  prevent  the  persons  from  proceeding  at  «pmmon  laTT 
or  in  equity  for  the  re-establishment  of  records  or  papers  in  the- 
same  manner  they  might  have  done  previous  to  the  passage  of 
this  Act. 

Sec.  13.  Be  it  further  enacted,  That  all  laws  and  parts  of 
laws  contravening  the  provisions  of  this  act,  be  and  the  same  are 
hereby  repealed. 

Passed  the  House  of  Representatives  December  8,  1SG2.  Passed  the  Scnat-i- 
Deceraber  11,  1863.    Approved  by  the  Governor  December  13, 1862. 


Deeds. 


Proceedin, 
Equity. 


Kepeal. 


Chapter  1,370— [Xo.  54.] 


Owners  of  slaves 
made  respous'i- 
tolc,  &c. 


AN  ACT  to  protect  the  interest  of  Stoclc  owners  in  this  State. 

Sectiox  1 .  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives of  the  State  of  Florida  in  General  Assembly  convened^ 
That  from  and  after  the  passage  of  this  Act,  the  owners  of  sueh 
slaves  as  shall  be  convicted  of  stealing  or  killing  an^  animal  of 
animals  whatever,  belonging  to  any  white  person  in  this  State,, 
shall  be  comjx'Hed  to  pay  the  o\\'ner  or  owners  theT-eof  the  fwT^ 
value  of  the  same,  to  be  assessed  by  the  Court. 

Passed  the  Senate  December  9, 1862.  Passed  the  House  of  RepresentativES 
December  12, 1862.    Approved  by  the  Governor  December  13, 1863. 


LAWS   OF  FLORIDA. 


51 


ClIAPTKK    1,371 [No.    55.] 


1862. 


AN  ACT  appropriuiiiiii:  the  sum  of  tweuly-fivc  thousand  dollars  for  the  sick  and 
wounded  soldiers  from  Florida  in  the  several  Hospitals. 

Section  1.  Be  it  enacMdhu  the  Senate  and  House  of  Repre- 
Henfatives  of  the  State  of  Florida  in.  General  Assenibhj  convened^ 
Tliat  tlie  sum  of  tAVCMity-five  tiiousaiid  dollars  bo  :uk1  'it  is  hereby  Appropriation, 
ajipropriated  for  the  beiielit  of  the  sick  and  wounded  soldiers 
from  Florida  in  the  several  hosjntals  in  this  State  and  tjie  Con- 
federate States,  and  tlie  same  shall  be  paid  on  warrant  of  the 
Comptroller  by  the  Treasurer,  and  the  Comptroller  shall  issue 
his  warrant  on  theorder  of  the  Governor,  and  the  Governor  slialh  ^,  »   ,. 

,  .  .      .  ,-,...  '  .  (Tovernortodis- 

■cause  this  appropriation  to  be  distributed  to  the  sevei-al  hosjutals  tribute  appro- 
aforesaid,  as  equally  as  the  nature  of  the  case  will  permit.  "" 

Passed  the  Senate  December  8,  1863.    Passed  the  House  of  Rcprcscutativcs 
Oeceuiber  10, 1862.    Ajiproved  by  the  Governor  December  13, 1SG2. 


priation. 


Treasury  notes 
to  be  received. 


Chapter  1,372— [Xo.  56.] 

AN  ACT  to  provide  for  an  additional  issue  of  Treasury  Notes. 

■Se(JTiok  1.  JBe  it  enacted  by  the  Senate  and  Ilonse  of  Repre- 
sentatives of  the  State  of  Florida  i7i  General  Assernbhj  convened., 
Tliat  the  Governor  be  and  he  is  hereby  authorized  and  re(iuired 
to  issue,  in  accordance  Avith  the  provisions  of  an  act  entitled  "an 
act  providing  for  the  issue  of  Treasury  Notes,  approved  Februa- 
ry 14th,  18G1,"  the  additional  sum  of  three  hundred  thousand 
dollars,  fifty  thousand  of  Avhich  shall  be  issued  in  fractional  pails 
of  a  dollar,  and  the  balance  in  denominations  of  ones,  twos.  Denominations, 
threes,  fives,  tens,  twenties,  fifties  and  hundreds,  in  t'^e  followino- 
proportions,  to-wit :  thirty  thousand  in  ones,  thirty  thousaiid  in 
twos,  thirty  thousand  in  threes,  thirty  thousand  in  fives,  thirty 
thousand  in  tens,  twenty-five  thousand  in  twenties,  twenty-five 
thousand  in  fifties,  and  fifty  thousand  in  hundreds,  for  the  pur- 
pose of  defraying  the  neces.sary  expenses  of  Government. 

Sec.  2.  Be  it  further  enacted,  _  That  from  and  after  the  passage  Notes    and 
of  this  act,  it  shall  l)e  unlawful  for  any  individual  or  corporation  chance  t>iUs, 
ill  this  State,  unless  exi)ressly  authorized  by  law  so  to  do,  to  issue  dopoVif&cT*'^ 
or  i)ut  in  circulation  notes  or  change  bills  of  the  denomination  of 
one  dollar  or  any  fractional  part  of  a  dollar,  or  any  certificate  of 
deposit  or  other  pajx'r  intended  to  pass  as  money  or  currency, 
which  are  ilow  unauthorized  by  law ;  and  any  person  or  corpora- 


K9 


LAWS  OF  FLORIDA. 


1862. 


Penalty. 


C  i  r  culation  of 
change  bills, 
&(.-.,  prohibited. 


Penalty. 


tion  ofiending  against  the  provisions  of  this  act,  shall  he  liable  to 
indictment  for  the  same,  and  on  conviction,  sliall  be  fined  in  a  sum 
not  exceeding  five  thousand  dollars,  at  the  discretion  of  the  jury; 
and  any  banking  or  other  corporation  offending  against  the  same, 
shall  be  subject  to  a  forfeiture  of  its  charter. 

Sec.  3.  ^e  it  further  etiacted,  That  from  and  after  ninety  days 
after  the  ap])roval  of  this  act,  it  shall  not  be  lawful  for  any  per- 
son to  circulate  or  pay  out  any  change  bill  or  bills,  note  or  notes, 
certiticate  or  certificates  of  des})0sit,  the  issue  of  which  is  pro- 
hibited by  llie  second  section  of  this  act ;  and  any  person  viola- 
ting this  provision  of  law,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction,  shall  be  fined  in  a  sum  not  exceeding  one  tliou- 
sand  dollars,  at  the  discretion  of  the  jury. 

Passed  the  House  of  Represeutatlves  December  9,  18()2.    Passed  the  Senate 
December  11, 18G2.    Approved  by  the  Governor  December  13, 18G3. 


Ccmptroller  to 
is.-^ue  Warrant, 
&c. 


Chapter  1,373— [No.  57.] 
AN  ACT  for  the  relief  of  Capt.  Jenkins,  of  the  Sloop  Ilaucock. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Florida  i)i  General  Assenibli/  conve?ied, 
That  the  Comptroller  of  this  State  be  and  he  is  hereby  autlior- 
ized  and  required  to  issue  his  w^irrant  on  the  Treasury  for  the 
sum  of  two  hundred  and  forty  dollars  in  favor  of  C.  T.  Jenkins, 
of  the  sloop  Hancock,  for  services  rendered  the  State  in  the  year 
1861,  on  his  producing  tlie  necessary  certificates  therefor,  and 
that  the  Treasurer  pay  the  same. 

Passed  the  House  of  Representatives  Deccmber"10, 1862.     Passed  the  Senate 
December  10, 1862.    Approved  b}'  the  Governor  December  12, 1863. 


Chapter  1,374— [No.  58.] 
AN  ACT  for  the  relief  of  Dr.  James  S.  Meredith. 


Claim  to  be  al- 
lo-.ved. 


Sectiox  1.  Be  it  enacted  hij  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  Ge^ieral  Assembly  con- 
vened^ That  the  Comptroller  be  authorized  to  audit,  on  presenta- 
tion of  the  proper  vouchers  or  certificates  of  his  claim,  and  the 
Treasurer  to  pay  to  Dr.  James  S.  Meredith  the  amount  due  him 


LAWS   OF  FLOEIDA.  53 

for  serving  as  Assistant  Surgeon  in  State  service,  provided  it        1S62. 

does  not  exceed  eiglity  dollars. 

Passed  the  House  of  Representatives  December  10, 1802.    Passed  the  Senate 
December  13, 1SG3.    Approved  by  the  Governor  December  13, 1863. 


.     ClIAPTEK   1,3T5— [No.   59.] 
AN  ACT  for  the  relief  of  Licutenantllenry  A.  Gray. 

Section  1.  Be  it  enacted  b)/  the  Senate  and  House  of  Repre-^ 
^.ntdth'cs  of  the  State  of  Florida  in  General  Assembly  convened,  qiaim  to  be- 
That  the  Comptroller  be  authorized  to  audit  and  the  Treasurer  p^'  ■ 
to  pay  to  Lieutenant  Henry  A.  Gray  the  amount  due  him  for  the 
use  of  the  Steamer  Emma  Avhile  imi)ressed  into  the  service  of 
the  State,  by  order  of  John  Westcott,  Aid  to  General  Pyles, 
provided  the  same  does  not  amount  to  more  than  one  liundred 
and  twenty  dollars. 

Passed  the  House  of  Representatives  December  10,  1863.    Passed  the  Senate 
December  11,  1863.    Approved  by  the  Governor  December  13, 1863. 


Chapter  1,376— [Xo.  CO.] 

AN  ACT  for  the  relief  of  John  A.  Granger. 

Sectiox  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened. 
That  the  Comptroller  be  authorized  to  audit  and  the  Treasurer  oiaim  to  be 
to  pay  the  amount  due  John  A.  Granger  for  serving  in  Captain  ^'^"^• 
H.  llopkins  Com]iany  of  Cavalry,  in  State  service,  from  19th 
October  to  15th  November,  18G1,  inclusive,  provided  it  does  not 
exceed  twenty  four  dollars  and  thirty  seven  cents. 

Passed  the  House  of  Representatives  December  11, 1863.    Passed  the  Senate 
December  13, 1863.    Approved  by  the  Governor  December  13, 1S63. 


Chapter  1,377— [No.  61.] 

AN  ACT  to  provide  for  a  Hospital  for  Florida  Troops  in  the  army  of  the  West. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened^ 


64: 


.AWS  OF  FLORIDA. 


1862.  That  the  sum  of  tea  tliousanil  dollars  be  and  the  same  is  hereby 
aiipropriated,  out  of  any  monies  in  the  Treasury  not  otherwise 
appropriated,  for  the  purpose  of  providing  a  Hospital  at  Atlanta, 
Chattanooga,  or  some  other  convenient  and  suitable  place,  for  the 
benefit  of  Florida  troops  in  the  "West. 

Sec.  2.  Be  it  further  enacted.  That  the  Governor  be  and  he 
Governor  to  em  is  hereby  authorized  and  empowered  to  employ  the  necessary 
number  of  agents  to  make  all  needful  arrangements  to  carry  into 
eliect  the  intent  and  purposes  of  this  Act :  Provided,  that  the 
amount  above  appropriated  shall  be  drawn  from  the  Treasury  by 
the  Governor,  under  a  warrant  from  the  Comptroller,  in  such 
sums  as  in  his  judgment  the  necessities  of  the  case  may  require. 

Passed  the  House  of  Eepreseutatives  December  13,  1803.    Passed  the. Senate 
December  13,  1863.    Approved  by  the  Governor  December  15, 1803. 


Appropriation. 


ploy  agent; 
Proviso 


Chapter  1,378— [No.  G2.] 


AN  ACT  to  lacilitatc  the  Construction  of  Public  Defence. 


Owner  of  slave 
property  to  fur- 
nish labor  on 
r  e  q  nisition  of 
Governor. 


Duty  of  slave 
owners. 


Labor   may   be 
impressed. 


Arran  gje  m  e  n  t 
b',e  t  w  e  e  n  the 
State  and  Con- 
federate author- 
ities. 


Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  Genercd  Assembly  convened. 
That  if  the  Confederate  authorities  shall  call  upon  the  Governor 
of  this  State  for  laborers  to  construct  or  aid  in  the  construction 
and  completion  of  any  works  by  them  deemed  necessary  for  the 
public  defence,  it  shall  be  lawful  for  and  is  hereby  made  the  duty 
of  the  Governor  to  issue  his  order  requiring  all  owners  of  slave 
property  to  send  to  the  point  indicated  by  him  the  amount  of 
slave  laborers  required  of  him  or  theni. 

Sec.  2.  Be  it  further  enacted,  That  upon  the  issuing  and  pub- 
lication of  said  ordei",  it  shall  be  the  duty  of  all  owners  of  slaves 
as  aforesaid,  to  send  to  the  point  indicated  the  amount  of  labor 
called  for  in  said  order. 

Sec.  3.  Be  it  further  enacted.  That  in  case  of  the  lixilure  or  re- 
fusal of  any  owner  or  owners  to  furnish  the  laborers  called  for,  it^ 
shall  be  the  duty  of  the  Governor  to  inqjress  such  labor  and  send 
the  same  to  the  point  indicated. 

Sec.  4,  Be  it  further  enacted,  That  the  Governor  shall  not  is- 
sue the  order  required  by  this  act  until  satisfactory  arrangements 
shall  have  been  entered  into  between  the  Confederate  authorities 
and  himself  for  just  and  reasonable  compensation  for  the  seiwices 
of  the  laborers  so  employed,  for  their  being  well  and  sufficiently 
supplied  Avith  rations,  properly  sheltered,  duly  provided  for  in 
case  of  sickness,  and  such  other  details  as  the  Governor  may 


LAWS   OF  FLORIDA.  55 

deem  necessary  to  preserve   the  riglits   and   property  of  saitl        lS<->2. 
owners. 

Sec.  5.  Be  it  further  enacted^  That  tlic  Governor  is  hereby  raiies  and  regu- 
autliovized  to  make  wW  rnles  and  re^-nlations  necessary  to  the  '=^t'o"s. 
faithful  carrying  out  the  provisions  of  this  Act. 

Sec.  6.  lie  it  further  enacted.,  That  it  shall  be  the  duty  of  the  jj,,^^;  ^ 
IJersou  delivering  any  slave  or  slaves  to  the  Confederate  officer, 
under  the  provisions  of  this  bill,  to  take  his  receipt  therefor,  sta- 
ting the  name,  age  and  probable  value  thereof. 

Sec.  7.  He  it  further  enacted.,  That  all  necessary  expenses  in- 
curred in  sending  slaves  to  the  point  or  points  indicated  by  the  Expenses. 
officer  calling  therefor,  shall  be  a  proper  charge  against  the  Con- 
federate government. 

Passed  the  House  of  Representatives  Deccniljcr  G,  18(3~.    Passed  the  Scuate 
December  11,  1802.    Approved  by  the  Governor  December  15,  1862. 


Chapter  1,379— [No.  G3.] 

AN  ACT  to  authorize  the  canvass  of  returns  of  elections  held  by  the  troops  in 
the  service  of  tliis  State  or  of  the  Confederate  States. 

Section  1.  .Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatices  of  the  State  of  Florida  in  General  Assemblij  coiivencd.. 
That  in  all  elections  for  Representatives  in  the  General  Assembly  officer  to  dcsig- 
of  this  State  held  in  military  camps,  under  the  provisions  of  Ordi-  votiu<'^'^^*^^  ^'^^ 
nance  Xo.  53,  of  the  Convention  of  said  State,  the  ofKcer  highest 
in  conunand,  being  a  citizen  of  Florida,  shall  designote  as  many 
places  for  voting  within  the  post  or  encampment  as  there  are 
counties  in  the  State  from  which  the  men  came,  who  compose 
said  command ;  and  no  person  of  one  county  shall  vote  at  any 
place  designated  for  those  of  another  county  to  v.ote,  under  the 
pains  and  penalties  imposed  by  the  laws  of  this  State  for  fraudu- 
lent voting. 

Sec.  2.  Be  it  furtlier  enacted,  That  the  provisions  of  an  act  Actofi8G-2 
entitled  "an  act  to  amend  the  elections  laws  of  this  State  as  re- 
gards the  mode  of  voting,  and  for  other  purposes,"  approved  on 
the  Sth  day  of  December,  18G2,  shall  be,  and  the  same  are,  so  far 
as  they  can  be  applicable,  hereby  extended  to  all  elections  held 
in  military  camps  under  the  ordinance  aforesaid. 

Sec.  3.  Be  it  further  eitacted.,  That  returns  of  all  elections  held 
in  said  military  camps  under  said  ordinance  shall,  hnmediately  K*^'^"'""=*- 
after  the  closing  of  the  ]»olls  and  the  canvass  and  comit  of  the 
votes,  be  certified  and  sealed  up,  with  the  ballots  given  in  said 
election,  and  shall  be  ciidorsed  "Election  Returns,"  as  provided 


56  LAWS  OF  FLORIDA. 

1862.        for  by  law,  and  directed  to  the  Judge  of  Probate  of  tlie  county- 
"~~  from  A\-]iich  the  men  came,  who  may  have  voted  in  said  election,, 

if  said  election  Avas  for  Represe;itativei5  in  the  General  Assembly,, 
but  if  said  election  was  for  Re])rese!itative  in  Congress  and  for 
Senators  of  the  General  Assembly  of  this  State,  then  said  elec- 
tion returns  shall  be  directed  to  the  Secretary  of  State ;  and  in 
every  case  said  election  returns  shall  be  sent  by  a  trusty  person, 
to  be  appointed  by  the  officer  in  comiiiand  aforesaid,  Avhich  per- 
son shall  be  sworn  by  the  Inspectors  faithfully  to  deliver  said 
"Election  Returns"  to  the  Post  INfaster  at  the  nearest  Post  Office,, 
to  be  transmitted  by  mail  to  the  Judge  of  Probate  oi-  Secretary 
of  State,  as  the  case  may  l)e ;  and  all  postage  which  shall  be  paid 
by  such  person  on  any  package  containing  said  "  Elections  Re- 
turns," shall  be  audited  and  allowed  by  the  Comptroller  of  this 
State  on  presentation  of  the  receipt  of  the  Post  Master  for  such 
package  with  his  post  office  stamp  affixed ;  and  in  case  such  per- 
son shall  fail  to  deliver  said  "  Elections  Returns  "  to  the  Post 
Master,  as  above  provided  for,  he  shall  sufl'er  the  pains  and  pen- 
alties ]n-ovided  and  imposed  by  the  laws  of  this  State  for  failing 
or  refusing  to  deliver  "Election  Returns"  when  sent  from  Pre- 
cincts in  this  State  to  the  Court  House  or  seat  of  justice. 

Sec.  4.  Be  itfvrtlmr  enacted^  That  the  Board  of  County  Can- 

canvass  of  yassers  provided  for  by  law  shall,  on  the  twentieth  day  after  any 
election  for  Representatives  in  the  General  Assembly,  proceed 
to  canvass  and  count  the  votes  given  in  said  military  camps ;  and 
the  Judge  of  Probate  shall,  upon  the  close  thereof,  make  and 
deliver  the  certificate  provided  for  by  law  to  the  person  chosen 

Certificate.  at  said  election,  and  shall  also  make  and  transmit  the  returns  and 

other  papers  to  the  Secretary  of  State  in  conformity  to  law. 
Sec.  5.  Be  it  further  enacted.,  That  during  the  continuance  of 

Burning  of  the  war,  Judges  of  Probate  shall  suspend  the  burning  of  the 

Pa^ckagesofbai-  pj^^j^j^ggg  of  ballots  as  provided  for  by  law  until  the  expiration  of 
thirty  days  after  the  election. 

Skc.  6.  Be  it  further  enacted.,  That  to  avoid  all  confusion  here- 

Kppresentative.  after,  the  word  "  Assemblymen,"  wherever  it  occurs  in  the  laws 
of  this  State,  be  annulled,  and  the  words  "  Representative  in  the 
General  Assembly "  and  "Representative,"  as  the  case  may  re- 
quire, be  substituted  therefor. 

Sec.  7.  Be  it  further  enacted^  That  all  laws  and  parts  of  laws. 
'^^^^'  and  all  parts  of  said  Ordinance  No.  53,  conflicting  with  the  pro- 

visions of  this  act,  be  and  the  same  are  hereby  repealed. 

Passed  the  Senate  Decembcr'15, 18G,2.    Passed  the  House  of  Represcntatiyes- 
December  15,  1802.    Approved  by  the  Governor  Deeember  15, 1863. 


LAWS  OF  FLORIDA. 


57 


1862. 


5th  flactioB  te^ 
pealed. 


Chapter  1,380— [No.  64.] 

AN  ACT  to  amend  "  an  act  to  authorize  the  Board  of  County  Commissioners 
of  the  several  counties  in  this  State  to  levy  a  specilic  tax  for  the  relief  of  the 
soldiers  in  the  service  of  the  State  or  of  the  Confederate  Slates,"  approved 
P:c:;pbcrl~',  1602. 

Sectio:n'  1.  Be  it  enacted  hy  the  Senate  and  Ilouae  of  JRepre- 
sentatives  of  the  State  of  Florida  in  General  Assemhly  convened^ 
That  the  5th  section  of  au  Act  entitled  an  Act  to  authorize  the 
Boai'cl  of  County  Commissioners  of  the  several  counties  in  this 
State  to  levy  a  specific  tax  for  the  relief  of  the  soldiers  in  the  ser- 
vice of  the  State  or  of  the  Confederate  States,  approved  Decem- 
ber 12,  18G2,  be  and  the  same  is  hereby  repealed,  and  that  the 
following  shall  be  in  lieu  thereof,  viz  :  That  when  the  Captain 
or  other  commanding  officer  ot  any  company  from  any  county  of 
this  State  shall  notify  and  inform  the  President  of  the  Board  of  county  Copi- 
Coimty  Commissioners  of  his  count v  that  his  company,  or  a  ma-  raisaioncra  to 

■'„,  ,  ,  n'l-  c     ^  relieve   deeti- 

jority  oi  the  members  tnereot,  are  destitute  oi  the  necessary  tute  soldiers, 
clothing,  shoes,  blankets,  &c.,  and  unable  to  procure  the  same 
from  the  authorities  of  the  Confederate  States,  it  shall  be  the 
duty  of  the  said  President  and  Board  of  County  Commissioners, 
and  they  are  hereby  authorized  and  required  forthwith  to  use  all 
legitimate  and  proper  eftbrts  to  relieve  said  destitution  by  pur- 
chasing or  causing  to  be  manufactured  and  forwarding  promptly, 
with  the  least  possible  expense,  the  amount  of  clothing,  shoes, 
blankets,  etc.,  necessary  to  relieve  the  destitution  complained  of, 
and  said  Board  of  County  Commissiouers  shall  cause  all  the  ex- 
penses and  the  cost  thereof  to  be  defrayed  and  paid  out  of  the 
Treasury  of  their  county. 

Passed  the  House  of  Representatives  December  13, 1862.    Passed  the  Senate 
December  15, 1SG2.    Approved  December  15, 18(J2. 


CilAI'TER   1,381— [Xo.   65.] 
AN  ACT  to  facilitate  the  collection  of  debts  due  the  Stale  by  any  officers. 

Sectiox  1 .  Be  it  enacted  by  tlie  Senate  and  Jloiise  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened. 
That  whenever  any  officer,  civil  or  military,  is  indt'bteil  to  the 
State,  the  same  shall  be  recovered  against  such  officer  and  his  Mode  of  recove- 
securities  upon  motion  before  the  Circuit  Court,  to  be  made  by  d^,e*tL^a^^^ 
the  Solicitor  or  Attorney  appointed  by  the  Governor.  At  the 
8 


LAWS  OF  FLOEIDA. 

first  term  a  rule  iiisi  shall  he  granted  by  the  Judge  upon  the 
motion  aforesmd,  and  said  rule  nisi  shall  issue  against  the  officer 
and  his  securities,  and  at  the  second  term  the  Court  shall  try  and 
hear  said  cause  u])on  the  answer  to  said  rule,  and  in  default  of  an 
answer  being  filed,  the  Court  shall  cause  Judgment  to  be  en- 
tered against  said  oflicer  and  his  securities  for  the  amount  due  by 
said  ofticer  to  the  State  of  Florida ;  and  Avhenever  an  answer  is 
filed,  the  Court,  after  the  cause  is  determined,  shall  cause  judgment 
to  be  entered  against  the  ofticer  and  his  securities  ;  Provided.,  how- 
ever, that  a  Jury  shall  be  empanelled  to  try  the  facts  as  in  other 
cases. 

Passed  tlie  Senate  December  15,  ISfB.     Passed  the  House  of  Ecprcscntatives 
Dec.  15,  1862.    Approved  by  the  Governor  Dec.  15, 1863. 


CllAPTEK   1,382— [No.   66.] 

AN  ACT  to  prevent  the  establishment  of  distilleries  and  the  distilliug  of  "\^'his- 
key  or  other  spirituous  liquors. 


Distilleries  and 
distillation  pro- 
hibited. 


Penalty. 


Governor  to 
suppress  distil- 
leries, &c. 


Spirituous  li- 
quors for  use  of 
the  army  and 
government. 


Section  1.  Be  it  enacted  hy  the  Benede  and  House  of  B.epre- 
sentatives  of  the  State  of  Florida  in  Genercd  Assembly  convened. 
That  from  and  after  the  passage  of  this  act,  it  shall  be  unlaAvful 
for  any  person  or  persons  to  erect,  put  up  or  establish,  v/ithin 
this  State,  any  Distillery  for  the  purpose  of  distillmg  therein  any 
alcohol,  whiskey  or  other  spirituous  liquors,  or  for  any  person  or 
persons  to  distil  any  alcohol,  whiskey  or  other  spirituous  liquors 
in  any  still  owned,  leaped,  hired.,  or  used  by  him  or  them,  within 
the  State ;  and  any  ])ersou  ofi'ending  against  any  of  the  jn'ovis- 
ions  of  this  section,  shall  be  liable  to  indictment,  and  on  convic- 
tion before  a  Court  of  competent  jurisdiction,  be  fined  in  a  sum 
not  less  than  one  thousand  dollars  or  more  than  five  thousand 
dollars,  or  imprisoned  not  less  than  three  mouths  or  more  than 
twelve  months,  at  the  discretion  of  the  Court. 

Sec.  2.  JBe  it  further  enacted^  That  it  sliall  be  tlie  duty  of  the 
Governor,  and  he  is  hereby  authorized  and  required  to  proceed 
forthwith  and  in  the  most  summary  manner,  to  abate  as  a  nui- 
sance any  distillery  at  work  in  this  State  contrary  to  the  provis- 
ions of  this  act,  and  to  cause  the  ari-est  and  examination  of  any 
Ijerson  or  persons  distilling  as  aforesaid,  and  to  seize  all  liquor 
distilled  contrary  to  the  provisions  of  this  act  and  turn  over  the 
same  to  hospital  uses. 

Sec.  3.  Be  it  further  enacted,  That  nothing  in  this  act  con- 
tained shall  prevent  the  distilling  of  alcohol,  whiskey  or  other 
spirituous  liquor  for  the  actual  use  of  the  army  of  the  Confeder- 


AWS  OF  FLORIDA. 


59 


ate  States;  JProvided.,  Tluvt  the  person  or  ])ersons  desiring  to  clis-        1862. 

til  for  the  use  of  the  Confederate  States  sliall,   before  erecting  a  ~- 

still  or  proceeding  to  distil  as  aftH-?said,  exhibit  to  the  Governor 
of  the  State  the  contract  entered  into  between  him  or  them  and 
the  ]")roiK'r  department  of  the  Confederate  States,  and  upon  the 
exhibition  of  such  contract,  and  said  i>arty  or  })artics  giving  good 
and  sufficient  bond  in  the  penal  sum  of  twenty  thousand  dollars 
conditioned  not  to  distil  for  any  }>rivate  i)erson  or  persons  or  for 
any  orup  on  any  contract  or  obligation  other  than  the  one  exhibited 
to  the  Governor  as  aforesaid,  and  not  to  dispose  of  any  alcohol, 
whiskey  or  other  s})irituous  liquor  to  any  person  or  persons  ex- 
cept for  medicinal  purposes,  application  being  made  upon  a  cer-  Medicinal  pm-- 
tificate  of  a  practicing  i>]iysician  or  the  President  of  the  Board  poses. 
of  County  Commissioners,  the  Governor  may  issue  his  license 
to  him  or  them  upon  the  terms  and  conditions  aforesaid  ;  And 
provided  furtJier^  That  immediately  upon  information  being  com- 
mmiicated  to  the  Governor  of  the  infraction  of  any  part  of  said 
license,  he  shall  proceed  at  once  to  abate  such  distillery  in  the 
manner  provided  in  the  second  section  of  this  act,  and  also  to 
cause  the  bond  to  be  properly  and  efficiently  prosecuted. 

Passed  tlic  Senate  December  12, 1862.     Passed  the  House  of  Represcutativcs 
December  lo,  18C2.    Approved  by  the  Governor  December  15, 1SG2. 


AN  AC] 


CiiArTEii  1,383— [N(3.  G7.] 

making!;  appropriations  for  the  expenses  of  the  First  Session  of  the 
Twelfth  Geiieral  Assemblj-,  and  for  other  purposes. 


Section*  1.  De  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened^ 
That  the  following  sums  shall  be  paid  out  of  any  monies  in  the  Appropriation. 
Treasury  not  otherwise  appropriated  to  the  following  named  per- 
sons, to-wit :  To  E.  J.  Vann,  President  of  the  Senate,  |243  20  ;  Senate. 
James  Abercrombie,  Senator  1st  District,  $150  00;  A.  K.  Allison, 
Senator,  8149  40;  J,  M.  Arnow,  Senator,  6187  00;  J.  P.  Car- 
ter, Senator,  $148.  20;  J.  D.  Clary,  Senator,  $185  00;  J.  G. 
Coa|-)ar,  Senator,  $185  00 ;  D.  P.  Hogue,  Senator,  |145  00 ;  D.  P. 
Holland,  Senator,  $185  00;  Edward  Hopkins,  Senator,  $178  00; 
J.  L.  King,  Senator,  $172  00  ;  Jesse  Norwood,  Senator,  $100  00  ; 
W.  C.  Ptoper,  Senator,  $200  00  ;  J.  S.  Russell,  Senator,  $151  00  ; 
T.  T.  Russell,  Senator,  $192  GO;  J.  Scott,  Senator,  $195  00;  J. 
J5.  Smith,  Senator,  $161  00;  J.  M.  Taylor,  Senator,  $209  00; 
E.  J.  Judah,  Secretary  of  the  Senate,  $187  50  ;  T.  S.  Ilaughton, 
Assistant  Secretary  of  the  Senate,  $188  50;  J.  L.  Tatum,  En- 


60  LAWS  OF  FLOIIIDA. 

j^862.  grossing  Clerk,  8145  00;  E.M.  West,  Enrolling  Clerk,  ;>sl-i5  00; 
J.  Brass,  Recording  Clerk,  8153  90;  J.  White,  iSer^eant-at-Arms 
and  Doorkeeper,  $206  90  ;  \l.  E.  Frier,  Messenger,  $155  70 ; 
To  T.  J.  Eppes,  Speaker  of  the  House,  $273  00;  A.  Richardson, 
RepresQiitatiye,>s245  00;  S.R.  Sessions, Representative,  616-1  00; 

How  of  Rep-  John  F.  Jackson,  Representative,  $195  00;  W.  B.  Ross,  Repre- 
"■"  tentative,  $166  00;  Vi.  C.  Newbern,  Representative,  $170  00; 

J.  A.  Lee,  Representative,  $205  00 ;  G.  W.  Blackburn,  Repre- 
sentative, 8152  60  ;  J.  C.  Greeley,  Representative,  $190  40 ;  R..T. 
H.  Thomas,  Representative,  $195  00  ;  T.  J.  McGehee,  Repre:?en- 
tative,  $163  00;  A.  Y.  Hampton,  Representative,  $157  00;  Neil 
Hendry,  Representative,  $163  00;  T.  Baltzcll,  Representative, 
$145  00;  John  G.  Smith,  Representative,  $185  00;  F.R.Pitt- 
man,  Representative,  $159  00;  W.  Chapman,  Representative, 
$159  00;  Felix  Leslie,  Representative,  $160  00;  O.M.Avery, 
Representative,  $252  60  ;  T.  Hannah,  Representative,  $165  00  ; 
H.  J.  Seward,  Representative,  $225  00 ;  N.  T.  Scott,  Represen- 
tative, $149  00;  J.L.Campbell,  Representative,  $175  00;  Mo- 
ses He-\vett,  Re]H-esentative,  $173  00 ;  W.  T.  Duval,  Representa- 
tive, $245  00;  B.  F.  Allen,  Representative,  $145  00;  C.  T.  Jen- 
kins, Representative,  $211  80;  Sam.  C.  Craft,  Representative, 
$225  00;  Thomas  Y.  Henry,  Representative,  $150  00;  W.  H. 
Gee,  Representative,  $149  80;  Joseph  Price,  Representative, 
$167  00;  L.  Andreu,  Representative,  $187  00;  I.  V.  Garnie, 
Representative,  $181  00;  A.  J.  Polhill,  Representative,  $160  00; 
T.  J.  W.  Higginbotham,  Representative,  |l85  00;  J.  Y.  Jones, 
Representative,  $151  00;-  Edward  M.  Mettauer,  Representative, 
1149  00;  J.  ]S]'.Foy,Rei3resentative,  $195  00 ;  Henry  Overstreet, 
Representative,  $225  00;  J.  W.  Price,  Representative,  $187  00; 
W.  H.  Arendell,  Representative,  $151  00;  J.  J.  Williams,  Rep- 
resentative, $145  00;  J.  S.  Rust,  Representative,  $145  00;  J.  P. 
Atkins,  Representative,  $170  00;  David  Mizell,  Rej^resentative, 
$225  00;  Archibald  Campbell,  Representative,  $157  00;  Thomas 
B.  Barefoot,  Clerk  House  of  Representatives,  $180  00;  W.  F. 
Bynum,  Assistant  Clerk,  $183  00 ;  Thomas  Williams,  Engrossing- 
Clerk,  $145  50;  W.  M.  McLitosh,  Enrolling  Clerk,  $145  00; 
F.  M.  Bunker,  Recording  Clerk,  $150  00;  G.  W.  Floyd,  Ser- 
geant-at-Arms,  $147  50;  J.  W.  Tompkins,  Messenger,  $155  50; 
A.  ]>.  Campbell,  Doorkeeper,  $151  00;  Ckaplahis,  $50  each. 

Pjiniing    and  For  general  printing  and  pubhshing,  to  be  audited  by 

pai.Tr«to^  the  Comptroller,: _ $9,000  00 

Printing  of  the  Laws  and  Journals,  to  be  audited  by 
the  Comptroller  upon  contract  terms,  in  addition  to 

the  above, ^. . .      1,500  00 

McDougald  &  Hobby,  Stationery, 320  53 

Stationary,  &c.   Geo.  H.  Meginuiss,  Stationery, 54  82 

E.  Barnard,  Quartermaster-General,  Candles, 38  00 


LAWS  OF  FLORIDA.  61 

A.  Hopkins  &  Co.,  Cfindles, TS  00        1892. 

M.  Lively,  Caudles, 51  00 

vServniit  "liire, 40  00 

W.  M.  Mcintosh,  Envelopes, 23  00 

ISec.  2.  Be  it  further  eriacted^  That  the  following  sums  be  and 
are  hereby  ajjpropriated  for  the  fiscal  year  eigliteeii  hundred  ftnd 
sixty-three,  to-wit : 

For  salaries  of  public  oihcers, 831,000  00 

For  Jurors  and  State  Witnesses, 20,000  00 

For  criminal  prosecutions  and  contingent  expenses  of 

Circuit  Com-t, 20,000  00 

For  contingent  expenses  of  Supreme  Court, 2,000  00 

For  interes't  on  State  Debt, 10,000  00 

P'or  maintenance  of  Lunatics, 10,000  00 

For  residence  of  the  Governor, 500  00 

For  Post  Mortem  examinations, 400  00 

For  contingent  fund, 20,000  00 

For  military  j^urposes,  in  addition  to  the  balance  on 

hand, 10,000  00 

For  clerk  hire  for  Executive  Department, 1,000  00 

For  repairs  and  -whitewashing  the  Capitol,  to  be  au- 
dited by  the  Comptroller, 2,000  00 

For  the  purpose  of  procuring  Stationery  for  the  use  of 
tlie  government,  to  be  bought  by  the  Comptroller, 
:uid  Candles  for  the  General  Assembly, 500  00 

Passed  the  Scuate  December  13.  lSfi'2    Passed  the  House  of  Representatives 
December  13,  l!>62.    Approved  by  the  Governor  December  15,  180:2. 


LAWS  OF  FLORIDA. 


RESOLUTIONS. 


[No.  1.] 

■  RESOLUTION  suspending  the  sale  of  PubUc  Lands. 

Be  it  resolved  by  the  Senate  and  Uo^ise  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened.  That  tlie 
Register  of  Public  Lands  be  and  he  is  hereby  iustnicted  not  to 
offer  for  sale  or  allow  any  public  laud  to  be  entered  until  he  re- 
ceives further  instructions  from  said  General  Assembly. 

And  be  it  further  resolved.  That  he  inform  his  sub-agents  of 
the  same,  and  that  they  govern  themselves  accordingly. 

Passed  the  House  of  Representatives  November  24, 1S02.    Passed  the  Senate 
November  24,  1S02.    Approved  by  the  Governor  November  20,  1802. 


[No.  2.] 
RESOLUTION  of  thanks  to  Florida  Troops. 

Resolved,  unanimously,  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened. 
That  tlie  thanks  of  this  General  Assembly  are  eminently  due, 
and  are  hereby  tendered,  to  the  Florida  soldiers,  officers  and  i?ri- 
vates  in  the  Confederate  army,  for  the  patriotic  gallantry  -with 
which  they  responded  to  the  call  of  their  countiy,  and  for  the 
characteristic  courage  and  energy  with  which  they  have  borne 
aloft  the  banner  of  their  country  on  the  bloody  battlefields  of 
Virginia  and  elseAvhere,  to  the  imperishable  glory  and  honor  of 
themselves  and  their  State. 

Resolved,  unanimously.  That  this  General  Assembly  begs, 
most  sincerely,  to  mingle  its  sympathies  with  the  relatives  and 
friends  of  those  Avho  have  fallen  in  the  service  of  their  country, 
whether  in  battle,  amidst  the  clangor  of  arms,  from  Avounds  re- 
ceived in  battle,  from(|lisease,  or  from  accident. 

Resolved,  xmanimously,  That  the  children  avIio  have  been,  and 
may  hereafter  be  made  orphans  by  the  fall  of  their  fathers  in  de- 
fendhig  their  country  against  the  invasion  and  devastation  of  a 


64  LAWS  OF  FLOEIDA. 

.— ^>-— ~.  f 

1862.  relentless  and  cruel  enemy,  are  pre-eminently  the  children  of  the 
State,  and  it  is  the  duty  of  the  constituted  authorities  to  provide, 
as  far  as  practicable,  for  their  sustoiauce  and  education,  and  for 
training  them  up  in  such  way  tliat  the  State,  in  future  years, 
"  when  asked  for  her  jewels,  may  point  to  her  sons,"  the  off- 
spring of  fathers  who  fell  gallantly  defending  the  liberties  of  their 
countiy. 

Resolved^  xinanimously^  That  his  Excellency  the  Governor  is 
hereby  requested  to  cause  a  copy  of  these  resolutions  to  be  trans- 
mitted to  officers  commanding  regiments,  battalions  and  compa- 
nies of  Florida  troops,  with  a  request  that  they  be  communicated 
to  their  respective  commands. 

Passed  the  Senate  November  25, 1863.  Passed  the  House  of  Representatives 
NoTcmber  25, 1863.    Approved  by  the  Governor  November  28,  1S63. 


[No.    3.] 

KESOLUTION  authorizing  the  C4overnor  to  appoint  Commissioners  in  relation 
to  the  Boundary  Liue  between  this  State  and  the  State  of  Georgia. 

Resolved  h] I  the  Senate  and  House  of  JRejyt^esentatives  of  the 
State  of  Florida  in  General  Assembly  convened^  That  the  Gov- 
ernor be  and  he  is  hereby  authorized  to  appoint  two  Commis- 
sioners to  confer  with  similar  Commissioners  appointed  by  the 
State  of  Geergia  in  relation  to  the  Boundary  Liue  between  the 
States  of  Georgia  and  Florida,  and  to  make  an  adjustment  and 
settlement  of  matters  in  controversy  between  the  two  States  rel- 
ative to  said  Boundary  Line. 

Be  it  further  Resolved^  That  the  said  Commissioners  shall  re- 
port their  proceedings  itnder  these  resolutions  to  the  Governor, 
shrii'rcport""' "  who  shall  submit  them  to  this  General  Asseml)ly  for  their  final 
action  in  relation  to  the  Boundary  Line  between  the  States  of 
Georgia  and  Florida. 

Passed  tlie  House  of  Representatives  November  28, 18G3.  Passed  the  Senate 
November  38, 1863.    Approved  by  the  Governor  Deecmbcr  1,  1BG2. 


Commissioner  b 


[No.  4.] 
RESOLUTION  relative  to  Mails. 

Be  it  resolved  by  tlie  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened^  That  the 


LAWS  OF  FLORIDA. 


65 


Postiuaster  General  of  tlie  Confederate  States  ot  xVmericn  be        1862. 
and  he  is  hereby  requested  to  rescind  his  order  dated  February  Mail  route  No. 
27,  18G2,  and  restore  mail  route  No.  65   to  three  times  per  week,   *'■'• 
iustead  of  once  per  week,  as  the  said  order  now  has  iL 

Passed  the  Senate  November  24, 1SG2.    Passed  the  House  of  Representatives 
Noveuiber  28,  lSli2.    Approved  by  the  Govcyuor  December  2,  1SG2. 


[Xo.    5.] 

/OTNT  RESOLUTION  iu  relation  to  sending  the  carpets  at  the  Capitol  for  the 
use  of  the  troops  from  this  Slate. 

liesolved  hy  the  Senate  and  House  of  Hejyrescntatives  of  the 
Siate  of  Florida  in  General  Assembly  convened^  That  the  Gov- 
ernor be,  and  lie  is  hereby  authorized  to  send  to  the  proper  Con- 
federate officer  carpets  used  at  the  Capitol  which  may  be  of  ser- 
vice to  the  troops  now  in  service  from  this  State. 

Passed  the  Senate  November  29,  1SG2.  Passed  the  House  of  Representatives 
December  1, 18C2.    Approved  by  the  Governor  December  4, 18G2. 


[No.    6.] 

JOINT  RESOLUTION  to  fiicilitatc  the  procurement  of  cotton  and  wool  cards 
by  the  citizens  of  this  State. 

Mesolved  by  the  Senate  and  House  of  Hepresentatlves  of  the 
Slate  of  Florida  in  General  Assembly  convened^  That  the  sum  of 
twenty  thousand  dollars  is  hereby  appropriated  and  placed  at  the 
disposal  of  the  Governor  of  the  State  for  the  purpose  of  purcha- 
sing and  importing  from  abroad  a  quantity  of  Cotton  and  "Wool 
Cards  sufficient  to  supply  the  present  necessity  of  the  people  of 
the  State  ;  the  Governor  shall  cause  said  Cards  to  be  distributed 
to  the  poor  in  each  county  iu  the  State  gratis  and  without 
charge;  ProKided^  hoicevcr,  that  if  a  surplus  of  said  Cards  remain 
after  supplying  the  poor,  the  Governor  shall  cause  the  same  to  be 
sold  at  a  price  sufficient  to  remunerate  the  State  for  the  number 
so  disposed  of  by  sale. 

Passed  the  House  of  Representatives  November  2.5, 1SG3.    Passed  the  Senate 
December  5,  1SG2.    Approved  by  the  Governor  December  8, 18G2. 
9 


Appropriation. 


Distribution  of 
cards. 


66 


LAWS  OF  FLORIDA. 


1862. 


[Xo.    7.] 

RESOLUTION  to  defray  the  burial  expenses  of  lion.  A.  Campbell,  deceased. 

Jiesoloed  by  the  Senate  and  House  of  Represe)itath.'es  of  the 
State  of  Florida  in  General  Assembltj  convoied.,  That  the  Comp- 
Comptroiier  to  troller  of  Public  Accounts  be  and  he  is  liereby  authorized  to  au- 
a  coun  .  ^-j.^  ^j^^  AnWs  of  A.  Hopkins  &  Co.,  for  the  amount  of  810.25,  Thos. 
Rawls  for  815,  and  P.  B.  Brokaw  for  $30,  and  issue  his  War- 
rant for  their  order  to  the  State  Treasurer  for  the  same,  to  be 
paid  out  of  any  money  not  otherwise  appropriated. 

Passed  the  House  of  Representatives  December  4, 1SG2.    Passed  the  Senate 
December  5, 1862.    Approved  by  the  Goveiiior  December  8,  1802. 


[No.    8.] 


Messenger. 


RESOLUTION  authorizing  the  Governor  to  employ  a  Messenger. 

Mesolved  hy  the  Senate  and  House  of  Hept'esentatives  of  the 
State  of  Florida  in  General  Assembly  convened^  That  the  Gov- 
ernor be  and  he  is  hereby  authorized  to  employ  a  Messsenger  at 
the  Capitol  for  and  during  the  ensuing  year  ;  and  he  is  hereby 
requested  to  employ  as  such  Messenger,  Richard  E.  Frier,  who 
became  disabled  while  in  the  military  service  of  the  State  by  the 
accidental  discharge  of  a  piece  of  ordnance. 

Passed  the  Senate  December  8, 1802.  Passed  the  House  of  Representatives 
December  8, 18G2.    Approved  by  the  Governor  December  9,  1862. 


[No.    9.] 


RESOLUTION  relating  to  the  illejral  sales  of  public  lands  in  the  Suwannee 

Circuit. 

Mesolved  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Florida  in  General  Assembly  convened..  That  where  any 
person  or  persons  have  entered  lands  in  the  Suwannee  Circuit,  in 
Patents  shall  the  absence  of  the  Receiver,  from  any  person  acting  as  agent  or 
deputy  01  said  Keceiver,  sitcli  person  or  persons  shall  not  receive 
patents  therefor  from  this  State. 


lot  be  isBued. 


LAWS  OF  FLORIDA.  67 

Beit  further  Hesolved,  That  the  Register  of  Public  Lands  is        1862. 
hereby  instructed  to  refund  tlie  purchase  money  to  such  illegal  Purchase  moa- 
pur  cl  lasers.  %^°^^  '■'=^°*" 

Passed  the  Senate  December  5, 1SG3.     Passed  tlic  House  of  Representatives 
December  S,  1SG3.    Approved  by  the  (ioveruor  December  10, 1863. 


[No.  10.] 

RESOLUTION  requesting  the  Governor  to  secure  the  payment  of  customs 
on  Railroad  Iron  due  at  the  date  of  the  secession  of  the  State. 

Be  it  resolved  by  the  Senate  and  House  of  Rejyresentatives  of 
the  State  of  Florida  in  General  Assembhj  convened^  That  the 
Governor  be  requested  to  take  steps  to  secure  the  payment  of  Skritqfsto^ 
the  sums  due,  if  any,  for  customs  on  Railroati  Iron  at  the  time  of  cure  payment 
the  secession  of  this  State  from  the  United  States, 

Passed  the  Ilouse  of  Representatives  December  G,  1862.     Passed  the  Senate 
December  8,  1862.    Approved  by  the  Governor  December  10, 1863. 


a»- 


[No.  11.] 

RESOLUTION  for  the  relief  of  the  Hon.  T.  T.  Long. 

Whereas,  the  Clerk  of  the  Circuit  Court  for  Lafayette  county 

has  reported  to  the  Comjitroller  of  the  State  a  failure  on  the  Preamble, 
part  of  the  presiding  Judge  to  liold  the  Fall  Term  of  said 
Court ;  and  whereas,  it  apjiears  that  the  said  Judge  had  good 
and  sutiicient  reasons  for  failing  to  hold  said  Court : 

Be  it  resolced  by  the  Senate  and  Ilouse  of  Mepresentatives  of 
tJie  State  of  Florida  in    General  Assembly  convened,  That  the  Fine  remitted. 
Hon.  T.  T.  Long  be  relieved  from  the  payment  of  the  fine  im- 
posed by  la\v,   viz:  (6100,)   one   hundred   dollars,   and  that  the 
Comptroller  of  the  State  be  notified  to  this  effect. 

Passed  the  Ilouse  of  Representatives  Dee.  6,  1863.    Passed  the  Senate  Dec. 
8,  1863.     Approved  by  the  Governor  Dee.  10,  1863. 


[Xo.    12.] 

RESOLUTION  in  relation  to  deceased  Soldiers. 

De  it  resolved  by  the  Senate  and  Ilouse  of  Rejyresentatives  of 
the  State  of  Florida  in    General  Assembly  convened^  That  it 


G8 


LAWS  OF  FLOKIDA. 


1862. 


shall  be  the  duty  of  the  Governor  of  this  State,  as  soon  as  prac- 
ticable, to  cause  to  be  registered  in  alphabetical  order,  in  a  book 
i  B  t  r  y  o  f  to  be  used  exclusively  for  that  purpose,  the  names  of  all  officers 
ceased  soidicrt  ^nd  soldiers  killed  in  battle,  or  mustered  into  service,  from  the 
State  of  Florida  during  the  present  war,  Avho  may  have  been 
killed  in  battle  or  otherwise  lost  their  lives  whilst  in  the  military 
service  of  their  country. 

jBe  it  furtJier  resolved.  That  said  registration  shall  state  the 
county  ill  which  the  deceased  resided  when  he  entered  the  service,, 
the  date  of  his  enlistment  and  the  term  for  which  he  enlisted,, 
whether  said  service  was  State  or  Confederate,  and  the  company 
to  which  he  belonged,  the  time  and  place  at  which  he  lost  his 
life,  &c. 

Be  it  fm-ther  resolved.  That  said  book  shall  be  styled  "The 
Book  of  Honor,"  and  shall  be  deposited  in  the  office  of  the  Sec- 
retary of  State,  there  to  remain  subject  to  the  inspection  of  the 
public,  as  a  memorial  of  the  patriotism  and  gallantry  of  our  sol- 
diers. 

Passed  the  Senate  November  20,  1863.  Passed  the  House  of  Representatives- 
December  9, 1862.    Approved  by  the  Governor  December  10,  1862. 


Manner  of  reg 
istration. 


Title  of  book  of 
reffistration. 


Citizens  of  oth 
er    States    ma 
king   salt 
ffloricla. 


m 


[No.  13.] 
RESOLUTION  relating  to  Salt. 

Be  it  resolved  hy  the  Senate  and  House  of  Bejyresentatives 

of  the  State  of  Florida  in  Gczcrcd  Assembly  convened,  That 
we  cordially  extend  the  privilege  to  our  sister  Confederate  State;? 
of  manufacturing  Salt  upon  the  coast  of  tliis  State. 

Be  it  further  resolved,  That  the  Governor  of  this  State  send 
a  copy  of  these  resolutions  to  the  Governors  of  each  of  the  Con- 
federate States. 

Passed  the  Senate  December  6th,  1862.    Passed  the  House  of  Representatives- 
December  8lh,  18(52.    Approved  by  the  Governor  December  10th,  1862. 


[No.    14.] 
JOINT  RESOLUTION  in  relation  to  Pulilic  Lands  in  West  Florida. 

Be  it  resolved  hy  the  Senate  and  House  of  Bej^resentatives  of 
the  State  of  Florida  in  Genercd  Assembly  convened.  That  the 


LAWS  OF  FLORIDA. 


69 


Register  of  Public  Lands  shall  cause  coiiies  of  the  maps  of  the        1862. 
lands  in  Calhoun  and  Jackson  counties,  and  that  the  same  he  RcgiBtcr  t« 
made  applicable  to  the  county  of  Washington,  to  l)c  made,  setting  ^*p^^  furnish 
forth  thereon  those  lands  that  are  subject  to  entry  and  such  as 
have  been  entered,  with  the  price  thereof,  and  said  maps  shall  be 
sent  by  the  Register  to  the  Clerks  of  the  Circuit  Court  of  said 
counties,  and  shall  be  at  all  times  subject  to  the  inspection  of  the 
citizens  of  the  State. 

J)e  it  further  resolved,  That  the  citizens  of  West  Florida  may  Entry  ofiand!^. 
enter  such  lands  as  are  by  law  authorized  at  Tallahassee,  or  at  the 
office  of  the  Receiver  of  the  West,  at  their  option. 

Passed  the  Senate  December  5, 1862.    Passed  the  House  of  Represeutativcs 
December  8, 18G;2.    Approved  by  the  Governor,  December  10,  1863. 


[No.   15.] 
RESOLUTION  relative  to' the  Hospital  at  Richmond,  Virginia. 

JResolved  by  the  Senate  and  House  of  Mejrresentatives  of  the 
State  of  Florida  in  General  Assembly  convened,  That  the  appli- 
cation of  three  thousand  five  hundred  dollars  from  the  Treasury 
of  tlie  State,  by  his  Excellency  the  Governor,  to  the  use  of  the 
Florida  Hospital  in  the  city  of  Richmond,  Virginia,  meets  the 
unqualilled  approbation  of  this  General  Assembly. 

liesoh'ed further,  That  the  Com2)trol]er  be  required  to  audit 
and  alio'."  the  same. 

Passed  the  Senate  December  9,  1803.  Passed  the  House  of  Representatives 
December  9, 1863.    Approved  by  the  Governor  December  11, 1863. 


Application    of 
funds  approved. 


Appropriation. 


[Xo.  IC] 

RESOLUTION  relative  to  Seals  for  the  Judges  of  Probate  of  the  counties  of 
Levy  and  Sumter,  and  all  other  counties  needing  Seals. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened.  That  the 
Secretary  of  State  be  and  he  is  hereby  authorized  and  required 
to  ]irovi<le  and  furnish  Seals  of  office  to  the  Judges  of  'Probate  ItatYto^umish 
of  the  counties  of  Levy  and  Sumter  and  all  other  counties  in  this  seals. 
State  requiring  seals,  in  the  same  manner  as  is  now  provided  for 
the  Clerks  of  the  Circuit  Courts,  the  expense  of  providing  said 


Preamble. 


LAWS  OF  FLORIDA. 

Seals  to  be  paid  out  of  any  uioney  in  the  Treasury  not  otherwise 
a2)i)vopriated. 

Passed  the  House  ot  Representatives  Decembei-  8, 1863.    Passed  tlic  Senate 
Dccembxjr  9, 18Gr2.    Approved  by  the  Governor  December  11,  1802. 


[No.  17.] 

RESOLUTION  in  relation  to  the  present  "War. 

Whereas,  The  State  of  Georgia  has,  in  a  spirit  of  fraternal  sym- 
pathy, pledged  herself  by  resolutions  solemnly  adopted  by  her 
Legislature  to  co-operate  with  her  sister  States  of  the  Confed- 
eracy in  the  impending  struggle  for  our  lives  and  liberties,  and 
to  this  end  to  contribute  all  the  means  at  her  command  to  the 
support  of  the  common  cause.     Therefore, 

Jje  it  resolved  by  the  Senate  and^IIouse  of  HepreseJitatives  of 
the  State  of  Florida  in  General  Assembly  convened^  That  it  is  the 
sense  of  this  Legislature  that  Florida,  one  of  the  first  States  to 
secede  from  the  old  ITnion,  will  be  one  of  the  last  to  lay  down 
its  arms,  and  in  the  impending  struggle  will  stand  by  her  sister 
States  to  the  last  man  and  the  last  musket,  until  peace  is  estab- 
lished on  the  basis  of  a  separate  nationality  and  the  independence 
of  the  Confederate  States  is  unconditionally  acknowledged  by 
the  United  States. 

Be  it  further  resolved^  That  a  copy  of  said  report  and  resolu- 
tion be  transmitted  to  the  President  of  the  Confederate  States, 
and  also  to  the  Governors  of  each  State,  and  to  tlie  Congress  of 
the  Confederate  States. 

Passed  the  House  of  Representatives  Dec.  9,  1863.     Passed  the  Senate  Dec. 
9,  1863.    Approved  by  the  Governor  Dec.  11, 1863. 


[No.   18.] 

RESOLUTION  relative  to  persons  holdine,-  ofRee  in  the  State  of  Florida  nnder 
the  Confederate  Government  subject  to  the  Conscript  Act. 

JBe  it  resolved  by  the  Senate  and  House  of  Hepresoitatives  of 
the  State  of  Florida  in  General  Assembly  convzned^  That  our 
Representatives  in  Congress  be  and  they  are  hereby  instructed 


LAWS  OF  FLORIDA.  71 

to  use  their  influence  with  the  proj^er  department  at  Richmond        1862. 
to  carry  tlie  following  resolution  into  effect,  viz  : 

Be  it  resoli'ed^  That  all  jicrsons  holding  office  in  the  State  of  Resolution. 
Florida  under  the  Confederate  Government,  subject  to  the  mili- 
tary service  under  the  Conscript  Act,  be  removed  and  their  [)laces 
filled  with  persons  not  subject  to  the  military  service  under  said 
Conscript  Act. 

Passed  the  House  of  Representatives  December  8,  18G2.     Passed  tlie  Senate 
December  10,  1S(J2.    Approved  by  the  Governor  December  13,  lt>02. 


[Xo.  19.] 

PiESOLUTION  relative  to  tlie  Public  Lauds  in  Clay  county. 

Be  it  resolved  hi/  the  Senate  coid  House  of  Iiej)rese//t((tives  of 
the  State  of  Floi'ida  in  General  Assembly  convened,  That  the 
Register  of  Public  Lands  be  and  he  is  hereby  required  to  make  Register  to  fur- 
out  and  transmit  to  the  Clerk  of  the  Circuit  Court  of  Clay  county  nitoftouds.*"'' 
township  plats  of  all  the  lands  in  said  county,  designating  thereon 
what  lands  have  been  entered,  and  what  lands  belong  to  the 
School,  Seminary  and  Internal  Improvement  Funds,  and  the  price 
of  each  tract,  and  also  to  furnish  a  list  showing  the  dates  of  all 
entries  and  the  names  of  purchasers  of  each  tract  of  land. 

Passed  the  ITousc  of  Representatives  December  10, 1S02.    Passed  the  Senate 
December  11,  1862.    Approved  by  the  Governor  December  13, 18G3. 


[Xo.  20.] 

RESOLUTION  reciuestinu,-  the  President  to  allow  persons  in  this  State  liable 
to  conscription  until  1.5tli  March,  1SG3,  to  volunteer  in  the  Confederate  service 
for  the  defence  of  the  State. 

Whereas,  the  citizens  of  the  State  of  Florida,  capable  of  bearing 
arms,  have  enlisted  in  the  service  of  the  Confederate  States  to 
so  great  an  extent  as  to  leave  but  few  at  home  for  the  protec- 
tion of  the  women  and  children  of  the  State  and  the  control  of 
the  slaves :  A7id  whereas,  the  nmnber  of  slaves  and  the  quan-  Preamble, 
tity  of  provisions,  cotton  and  tobacco  in  the  State,  left  thereby 
c.onipai'atively  un])rotected,  by  reason  of  the  small  number  of 
troops  serving  in  Florida,  the  proximity  of  the  coast  to  the  rich 
planting  regions,  and  the  accessibility  of  the  country,  by  means 


72  LAWS  OF  FLORIDA, 

1862.  of  the  rivers  St.  Jolms  ami  Apalacliicola,  render  the  State  an 

inviting  field  for  invasion  by  tlie  enemy :  ^iftd  whereas,  a  swc- 

cessful  invasion  by  the  enemy  Avould  be  attended  by  most  dis- 
astrous results  to  tlic  country  at  large  u\  the  loss  of  a  large 
number  of  slaves  and  a  vast  quantity  of  provisions,  and  in  the 
evil  of  having  one  entire  population  thrown  for  support  on  the 
already  burtbened  resources  of  other  parts  of  the  Confederacy, 
and  in  addition  thereto,  the  State  Avould  become  a  rendezvous 
for  fugitive  slaves  from  Alabama  and  Georgia ;  therefore, 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in.   General  Assemhh/  convened.  That  the 
quesfed  ^"0  ex-  President  of  the  Confederate  States  be  and  he  is  hereby  requested 
empt  citizens  iq  exempt  all  citizens  of  the  State  of  Florida  from  conscription 
tion.  who  shall,  by  volunteer  enlistment,  enter  the  service  of  the  Con- 

federate States  by  the  15th  day  of  March,  1863,  to  be  mustered 
into  said  service  expressly  for  the  defence  of  the  State. 

Passed  the  House  of  Representatives  December  11, 1863.    Passed  the  Senate 
December  13, 1SG3.    Approved  by  the  Governor  December  13, 1863. 


[i^o.    21.] 

RESOLUTION  authorizing  the  Treasurer  to  receive  all  genuine  Confederate 
Notes  of  the  Hoyer  A:  Ludwig  issue. 

Be  it  resolved  hy  the  Senate  and  House  of  Hepresentatices  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
Treasurer  of  the  State  of  Florida  be  and  he  is  hereby  authorized  to 
receive  from  the  Tax  Collectors  of  the  State,  all  genuine  Confede- 
rate notes  of  the  Hoyer  &  Ludwig  issue,  and  to  receive  themfor  all 
Proviso.  Revenue  due  the  State  of  Florida,  and  to  have  them  exchanged 

so  as  to  meet  the  arrangement  as  required ;  Provided,  hoioever, 
that  the  Treasurer  shall  only  receive  the  iiotes  of  that  issue  which 
have  been  collected  up  to  this  time  by  the  Tax  Assessors  and 
Collectors. 

Passed  the  House  of  Representatives  December  11, 1803.    Passed  the  Senate 
December  13, 1SG3.    Approved  December  15, 1863. 


LAWS  OF  FLORIDA. 


[Xo.  22.] 


1862. 


RESOLUTION  requiring  iuformation  to  be  furnished  by  the  Internal  Iraprovc- 
mtut  Buiird,  with  regard  to  the  uianagement  of  certain  Railroads. 

Resolved  hif  the  Senate  and  House  of  Heprese/ifatit'es  oft/ie 
State  of  Florida  in  General  Assembly  convened^  That  the  Board 
of  Internal  Itnprovement  be  and  are  hereby  required  to  obtam 
from  the  ilaih-oad  Companies  whose  roads  have  been  constructed 
or  are  in  course  of  construction  on  routes  indicated  in  tlie  fourth 
section  of  the  Act  to  provide  for  and  encouracje  a  liberal  system 
of  Internal  Improvements,  a  statement  showing-  the  number  of 
miles  of  road  completed  on  the  lirst  day  of  January,  18(33,  a 
statement  of  work  done  on  the  uncompleted  part,  the  number  of 
acres  of  land  reserved  for  each  road  under  the  Land  Grants,  the 
amount  of  IJonds  endorsed  by  the  Trustees  of  the  Internal  Im- 
piovement  Fund,  the  numbjer  of  said  Bonds  held  by  the  Compa- 
ny, tlie  number  issued,  to  whom  and  on  what  account,  the  actual 
al  cost  per  mile  of  the  road,  the  amount  of  rolling  stock  and  its 
cost,  the  amount  in  cash  paid  from  the  Internal  Improvement 
Fund  on  the  Interest  Account  of  each  road,  the  amoimt  invested 
by  the  Internal  Improvement  Board  in  the  Bonds  of  each  road, 
the  amount  due  by  said  Companies  for  interest  remaining  unpaid 
on  said  1st  January,  1863,  the  amount  of  private  subscription 
to  the  stock  of  each  Company,  the  amount  received  by  each  Com- 
pany on  accoimt  of  private  subscription,  either  in  cash  or  notes, 
stating  the  amount  ot  each,  the  amount  of  county  subscriptions 
and  the  amount  received  either  in  cash,  bonds  or  notes,  stating 
the  amount  of  each  and  the  county  subscribing. 

Besob-ed^  2d,  Th.qt  the  said  Board  be  and  they  are  hereby  re- 
quired to  embrace  in  said  statement  any  other  facts,  which  in 
their  judgment  may  be  necessary  to  enable  the  General  Assem- 
bly at  their  next  session  to  form  an  accurate  idea  of  the  condi- 
tion and  management  of  the  Railroad  Companies  above  referred 
to. 

Resotved,  3d,  That  the  Governor  be  and  he  is  hereby  requested 
to  obtain  copies  of  the  reports  ot"  all  the  Railroad  Companies  in 
this  State  from  the  commencement  of  the  work  on  said  roads, 
and  }>iace  them  in  charge  of  the  Secretary  of  State. 

Resolved,  4t/i,  That  a  copy  of  the  statement  above  required, 
and  a  copy  of  each  of  the  annual  reports  of  the  various  companies, 
shall  be  laid  before  the  General  Assembly  at  its  next  meeting. 

Passed  the  House  of  Representatives  December  13, 1802.     Passed  the  Senate 
December  13,  1S02.    Approved  by  the  Governor  December  1.5,  1862. 
10 


Statement  to  b« 
made  by_  R.  R. 
Companies. 


Items 


Other   state- 
ments. 


Copies  of  Re- 
ports of  R.  K. 
Companies. 


Report  to  Oeu- 
era!  Assembly 


74 


LAWS  OF  FLOKIDA. 


1862. 


[No.  23.] 

RESOLUTION  in  relation  tc  compensation  to  Messrs.  Papy  and  Banks. 

Resolved  hj  the  Senate  and  House  of  liepresentatlves  of  the 
Compensation  State of  Florida  171  General Assembh/ convened,  Tliat  theComp- 
oc Commission-  tvoller  be  required  to  issue  his  warrants  in  favor  of  tlie  Hon.  M. 
'''''''  D.  Papy  and  the  Hon.  James  Hanks  for  fifty  dollars  each  as  com- 

pensation for  their  services  as  Commissioners  on  the  subject  of 
boundary,  and  the  Treasurer  l)e  authorized  and  required  to  pay 
the  same. 

Passed  tbe  Senate  December  11,  1862.     Passed  the  House  of  Representatives 
Dec.  12,  1862.    Approved  by  tbe  Governor  Dec.  15,  1862. 


[Ko.    24.] 
RESOLUTION  to  appoint  a  Cbaplain  for  the  Florida  Hospital  at  Richmond. 

Resolved  hy  the  Senate  and  House  of  Representatives  of  the 

State  of  Florida  in  General  Assembly  convened.  That  the  Go v- 

Governor  to  ap-   ernor  is  hereby  authorized  to  appoint  a  Chaplain  for  the  Florida 

pnint  Chaplain.  Hogpitj^]  .^t  Richmond,  Virginia,  and  shall  cause  said  Chaplain  to 

be  paid  a  reasonable  compensation  for  his  services. 

Passed  the  House  of  Representatives  December  13,  18G3.    Passed  the  Senate 
December  13,  1862.    Approved  by  the  Governor  December  15, 1863. 


Kegister  to 
make  and  fur- 
nish plats,  &c. 


[Xo.    25.] 

RESOLUTION  requiriui,^  plats  of  the  Public  Lands  to  be  furnished  the  va- 
rious counties. 

Be  it  resolved  by  the  Senate  and  House  of  Representcttives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
Register  of  Public  Lands  be  and  he  is  hereby  required  to  make 
and  transmit  to  the  Clerks  of  the  Circuit  Courts  of  all  the  coun- 
ties in  this  State  that  may  make  application  for  such  plats,  as 
soon  as  practicable,  township  plats  of  all  the  lands  in  said  county, 
designating  thereon  what  lands  have  been  entered  and  what  lands 
belong  to  the  School,  Seminary  and  Internal  Lnprovement  Funds, 
and  the  price  of  each  tract,  and  also  to  furnish  a  list  showing  the 


LAWS  OF  FLORIDA.  75 

dates  of  all  entrios  and  the  uames  of  purchasers  of  each  tract  of        1862. 

land.  . 

Belt  farther  resoloeJ,  That  the  Clerk  of  the  Circuit  Court  cierkofCircr.it 
shall  keep  them  open  for  the  examination  of  all  who  may  desire,  ^o^'"'^- 

Be  it  further  resolred,  That  the  Kegister  employ  such  clerks 
as  may  be  necessary  to  carry  out  these  resolutions. 

Passed  the  House  of  Representatives  December  12, 1SG2.     Passed  the  Senate 
December  13, 1SG:3.    Approved  by  the  (ioveruor  December  lo,  1SG2. 


[No.    26.] 
RESOLUTION  in  relation  to  the  Secretary  of  State. 

Whereas,  the  present  incumbent  of  the.  office  of  Secretary  of  preamble. 
State  of  this  State  holds  a  commission  in  the  military  service 
of  the  Confederate  States:  And  whekeas,  there  is  a  diversity 
of  opinion  on  the  subject  as  to  whether  any  comrnissioned  of- 
ficer of  this  State  can,  under  our  constitution,  consistently  hold 
a  Commission  at  the  same  time  in  the  military  service  of  the 
Confederate  States ; 
Therefore  be  it  Resolved  bi/  the  Se7iate  and  House  of  Jlcpre- 

t€7itatives  of  the  State  of  Florida  in  General  Assembly  convened,   ^^^^^^^  ^^  ^j. 

That  the  Attorney  General  be  and  he  is  hereby  required  to  give  tomey  General 

his  opinion  on  the  subject  in  writing  as  early  as  practicable  to  required. 

this  General  Assembly. 

Passed  the  House  of  Representatives  December  13,  18G2.    Passed  the  Senate 
Beeember  13,  18G2.    Approved  by  the  Governor  December  15, 18G2. 


[No.   27.] 


RESOLUTION  relative  to  the  Books  and  Accounts  of  the  Comptroller  and 

Treasurer. 

Resolved  by  the  Senate  and  House  of  Re2yresentatives  of  tJie 
State  of  Florida  in   General  Assembly  convened.  That  a  joint 
eommittee,  consisting  of  three  members  of  the  Senate  and  a  like 
number  of  the  House  of  Representatives,  shall  be  appointed  by  pok!t!^"t*  tT 
the  presidinor  officers  of  the  Senate  and  House,  whoso  duty  it  amine  book*  V 

,     ,,'  ,  ^  •  111  .  11  ..  /•.!         Comptroller    ti 

shall  be  to  examine  the  books,  accounts  and  other  matters  oi  the   Tresisurer. 
Comptroller  and  Treasiarer's  offices,  which,  in  their  opinion,  ne- 


76  LAWS  OF  FLORIDA. 

1862.  ccssarily  appertain  to  tlie  jn-oper  understandino:  of  such  books 
and  accounts,  and  that  it  shall  be  the  duty  of  said  joint  committee, 
or  a  majority  of  the  same,  to  meet  at  the  Capitol  on  the  first  Mon- 
day of  Xovember  next,  and  shall  sit  from  day  to  day  until  their 
labors  are  closed  and  a  report  of  their  examination  is  made,  wliich 
said  report  shall  be  laid  before  the  General  Assembly  at  its  next 
session,  and  the  said  committee  shall  be  entitled  to  receive  the 
same  per  diem  as  is  now  pi'ovided  by  law  for  members  of  the 
General  Assembly. 

Passed  tlie  House  of  Representatives  December  13, 1802^.    Passed  the  Senate 
December  13, 1803.    Approved  by  the  Governor  December  15,  1862. 


[No.    28.] 

RESOLUTION  to  allow  pay,  per  diem  and  mileage  to  the  legal  representatives 
of  tlie  Hon.  Archibald  Campbell,  deceased,  late  of  Liberty  county,  Florida. 

De  it  Hesol'jed  l»j  the  Senate  and  House  of  Jiepreserttatives 
of  the  State  of  Florida  in  General  Assembly  convened.  That  per 
diem,  ])ay  and  mileage  for  this  Session  of  the  General  Assembly 
be  paid  to  the  legal  representatives  ot  the  Hon.  Archibald  Camp- 
bell, deceased,  late  a  member  of  this  Assembly  from  Liberty 
county  in  said  State. 

Passed  the  House  of  Representatives  December  13,  1863.    Passed  the  Senate 
December  12,  1863.    Approved  by  the  Governor  December  15, 1863. 


[No.    29.] 

RESOLUTION  to  provide  for  furnishing  Receivers  with  towushijD  plats  in  lieu 
of  those  that  may  be  lost  or  destroyed. 

Be  it  Resolved  h]/  the  Senate  and  House  of  RepresentatAves  of 

the  State  of  Florida  in  General  Asse)nhhj  convened.  That  when- 

?^?*f^^/=°/^?,??  ever  the  Township  plats  of  Public  Lands  in  any  of  the  Receiver's 

lie  Lands  to  fur-  i     n    i        i  ^   ^         i  i    •       ,     n  i        ,       i  ,i     ,       t-. 

■ishnew  plats,  oniccs  shall  be  lost  or  destroyed,  it  shall  be  the  duty  oi  the  Re- 
gister of  Public  Lands  to  furnish  new  plats  in  lieu  thereof  in  ac- 
cordance with  tlie  first  and  second  Sections  of  "  An  act  relative  to 
the  Piddic  Lands  of  the  State  of  Florida,  approved  December 
17,  1861." 

Passed  the  House  of  Representatives  December  11,  1863.     Passed  the  Senate 
December  12,  1862.    Approved  by  the  Governor  December  15,  1863. 


LAWS  OF  FLORIDA. 


77 


1892. 


[No.  30.] 

JOINT  RESOLUTION  for  orjxaniziua;  the  Salt-makers  upon  the  coast  of  Flor- 
ida for  their  own  and  the  public  defence. 

Be  it  resolred  hy  the  Senate  and  IToksc  of  Rejyresejitatives  of 
the  State  of  Florida  in  General  Asi^einhhj  convened^  That  citi- 
zens of  this  State,  non-residents  and  persons  not  citizens  of  the 
State,  engaged  in  making  salt  on  the  coast  of  this  State,  shall  be 
organized  under  officers  to  be  appointed  by  the  Governor  in  a  mili- 
tary capacity  for  their  joint  protection  and  defence  against  the 
enemy,  under  suitable  regulations  as  to  the  discipline,  number  of 
arms,  ttc,  to  be  furnished  by  the  Governor. 

Be  itfurtlur  Resolved^  That  the  Governor  shall  appoint  three 
officers,  with  the  rank  of  first  Lieutenant,  to  command  the  said 
organization,  whose  duty  it  shall  be  to  enrol,  under  such  rules 
and  regulations  as  the  Governor  may  prescribe,  the  said  persons 
for  military  duty,  to  see  that  their  arms  are  secured  and  that 
they  are  in  condition  for  service  when  the  occasion  arises,  and 
when  called  upon  by  an  apprehended  invasion  of  the  enemy,  and 
when  called  into  service  and  while  acting  as  such  they  are  hereby 
made  subject  to  the  rules  and  articles  of  war. 

Be  it  further  resolved^  That  any  person  refusing  to  enter  such 
organization  for,  and  during  the  time  he  may  be  on  the  coast  for 
the  purpose  of  making  salt,  shall  be  prohibited  from  doing  so, 
and  the  officer  in  command  shall  enforce  this  provision :  Provi- 
ded^ however,  that  this  clause  shall  not  prevent  persons  unable  to 
bear  arms  from  manufacturing  salt  upon  our  coast. 

Be  it  further  rcfiolved,  That  the  salt-makers  so  organized  shall 
have  no  claim  against  the  State  of  Florida  for  the  services  they 
may  render  agreeably  to  this  resolution. 

Passed  the  Senate  December  11, 1863.  Passed  the  House  of  Representatives 
December  12,  1S62.    Approved  bj  the  Governor  December  15,  1862. 


Salt  makers  to 
oriranize. 


Governor  to  ap- 
point officers 
and  furnish 
arms. 


Officers  to  bo 
appointed  and 
their  duties. 


In  case  of  inva- 
sion. 


Persons  refu- 
sing t  o  enter 
organization. 


Proviso. 


Salt  makers 
shall  serve  with- 
out pay. 


[Xo.   31.] 

JOINT  RESOLUTION  in  relation  to  copies  of  acts  to  be  distributed  among 

the  soldiers. 


Resolved  hy  the  Senate  and  House  of  licjyrcsentatives  of  the 
State  of  Florida  in  General  Assembly  convened.  That  the  Gov- 
ernor is  hereby  authorized  to  have  one  thousand  copies  printed 
of  the  "  act  to  aid  the  families  of  soldiers  that  require  assistance," 
and  one  thousand  copies  printed  of  the  "  resolution  relating  to 


LAWS  OF  FLOEID-A.. 

ibc  Roll  of  ITonor,"  passed  at  this  session,  and  tliat  lie  causes  the 
same  to  be  distributed  amony;  tlio  soldiers  from  tlie  State  of 
Florida. 

Passed  the  Senate  December  11, 1803.     Passed  the  House  of  Rcprescutatives 
December  13,  1862.    Approved  bj'  the  Oovernor  December  1.5, 18(53. 


[Xo.   32.]  . 

RESOLUTION  iu  relation  to  copying  the  laws. 

JBe  it  resolved  by  the  Senate  and  House  of  Reprc^entaties  of  the 
State  of  Florida  in  General  Assembly  convened,  That  the  Goa'- 
ernor  be  and  he  is  hereby  authorized  to  employ  a  suitable  person^ 
to  copy  the  laws  passed  at  this  session  of  the  General  Assembly, 
and  the  sum  of  one  hundred  and  twenty-five  dollars  is  hereby 
appropriated  for  said  service. 

Passed  the  Senate  December  8, 1863.  Passed  the  House  of  Representatives 
December  11, 1862.    Approved  by  the  Governor  December  15, 1862. 


I're»mblc. 


[No.    33.] 

RESOLUTIONS  to  guarantee  by  the  States  the  debt  of  the  Confederate  Gov- 
ernment. 

Wpiereas,  the  Government  of  the  Confederate  States  is  involved 
in  a  war  for  the  independence  of  each  of  the  States  of  the  Coia- 
federacy  as  well  as  for  its  own  existence :  A?id  tnhereas,  tlie 
destiny  of  each  State  of  the  Confederacy  is  indissolubly  con- 
nected with  that  of  the  Confederate  Government :  A?id  where- 
as, also,  the  Confederate  Government  cannot  successfully  pros- 
ecute the  war  to  a  speedy  and  honorable  peace  without  ample 
means  and  credit; 

Resolved,  therefore,  by  the  Senate  and  House  of  Representa- 
tives  of  the  State  of  Florida  in  General  Assembly  convened. 
That  this  General  Assembly  concurs  in  opinion  with  the  General 
Assembly  of  the  State  of  Alabama,  that  it  is  the  duty  of  each 
State  of  the  Confederacy,  for  the  purpose  of  sustaining  the  credit 
of  the  Confederate  Government,  to  guarantee  the  debt  of  that 
Government  in  proportion  to  its  representation  in  the  Congress 
of  that  Government. 

Resolved  further,  Tliat  the  State  of  Florida  hereby  accepts  tlie 
ftuarantee  of  proposition  of  the  State  of  Alabama  to  guarantee  said  debt  on 
riebt"  ^  °  *^  ^  ^^^^  ^^^^  basis,  provided  each  of  the  said  States  shall  accept  the  prop- 
osition and  adopt  suitable  legislation  to  carry  it  into  effect,  and 


< !  o  n  c  u  r  r  once 
■with  the  Gene- 
ral Assembly  of 
the  State  of  Al- 
aibama. 


LAAVS  OF  FLORIDA.  79 

that  these  resohitions  slmll  stand  as  the  guaranty  of  tliis  State  of        1862. 

the  aforesaid  proportion  of  the  debt  of  said  Confederate  Govern- 

laent. 

liesolved further,  That  Ilis  Excellency  be  and  he  is  hereby  re-  ^   vernor  t<> 
quested  to  transmit  a  cojiv  of  these  i-esolutions  to   the  Governor  transmit  eopic« 
of  each  State  of  the  Contederacy  and  to  the   President   of  the  °^  resolutions. 
Confederate  Govern  ment. 

Passed  the  Senate  December  13, 1862    Passed  the  House  of  Representatives 
December  15,  1802.    Approved  by  the  Governor  December  15, 1862. 


[No.  34.] 

. .JOINT  RaESOLUTION  rclfttivc  to  the  coniplcl ion  of  the  Pcnsacola  &  Georgia 
Kaih'oad  to  the  Apalactiicola  river. 

WiiEKEAs,  the  early  completion  of  the  Pensacola  &  Georgia 
Railroad  to  the  Apalachicola  river,  thereby  bringing  into  im- 
mediate connection  the  dilferent  portions  of  the  country  com- 
jirohonded  in  the  district  over  which  the  command  of  Briga- 
dier General  Cobb  extends,  is,  in  the  opinion  of  this  General 
Assenibly,  a  military  necessity,  which  should  not  be  overlooked 
by  the  State  and  Confederate  Gorernment :  And,  whereas, 
the  completion  of  said  Road  to  the  Apalachicola  river  wifl  not 
only  greatly  facilitate  the  efforts  of  the  Commanding  General 
defending  the  country  assigned  to  his  command,  but  will  like- 
Avise  aid  in  the  defence  of  East  Florida,  by  furnishing  the  means 
for  the  speedy  transmission  of  supplies  which  may  be  drawn 
from  upjier  Georgia,  or  through  Columbus  in  this  State,  and 
will  likewise  afford  an  easy  means  to  transfer  to  points  in  other 
•  States  the  abundant  produce  of  our  State,  so  needful  for  the 
support  of  our  armies ;  therefore, 

Be  it  resolved  hy  the  Senate  cif/d  House  of  Hepresentatives  of 
the  State  of  Plorida  in  General  A  ssenddy  convened.  That  the 
Governor  be  and  he  is  hereby  authorized  and  requested  to  urge 
upon  the  Confederate  Government  the  great  imi)ortance  of  com- 
pleting, at  an  early  day,  the  Pensacola  and  Georgia  Railroad  to 
Apalachicola  River,  and  to  obtain  any  aid  the  Confederate  Gov- 
ernment may  be  enabled  to  render  in  procuring  the  iron  rail,  or 
otherwise  with  a  view  to  the  sjjeedy  accomplishment  of  so  im- 
portant an  object:  Provided,  that  in  the  construction  of  said 
railroad,  none  of  the  iron  shall  be  removed  on  any  of  the  rail- 
roads now  completed  in  the  State  of  Florida. 

Passed  the  Senate  December  12,  1863.  Passed  the  House  of  Representatives 
December  13, 1802.    Approved  by  the  Governor  December  15, 1802. 


Preamble. 


To  THE 

ICTS  AND  EESOLUTIONS 

OF  THE 

First  Session  of  the  Twelfth  General  Assembly. 


ABERCT?.<)},IB1E,  .TA:MES,  Senior:  Legal  representatives  of,   may  sell 

property  of  in  certain  eases,  8. 
ACTS  OF  GENERAL  ASSE^IBLY  :  Copies  of,  to  he  disti-ibutecl  among 

the  soldiers,  77;  Resolution  relative  to  copying,  78. 
ADMINISTRATORS:  (See  Executors,)  11. 
ANDEl'oOX,  GEN.  WILLIAM  E. :  Act  for  the  relief  of,  .37. 
APPROPRIATIONS  :  Act  making  appropriations  for  the  expenses  of  the 

tirst  session  ot  the  twelftli  General  Assenihly,  anil  for  other  purposes, 

59;  Senate,  59;  House  of  Representatives, '(iO ;  Printmg  and  publish- 

ins:,  t>0;  Stationery,  ()0;  General  appropriations,  01. 
ASSESSMENT  OF  TAXES:  An  act  relative  to,  27. 
ATTORNEY  GENERAL:  To  have  further  proceedings  in  the  case  of 

the  Internal  Improvement  Fund  vs.  Bailey,  35. 
BANKS,  HON.  JAMES:  Resolution  providing  for  compensation  of,  74. 
BOARD  OF  TRUSTEES  INT.  IMP.  FUND:  (See  Trustees  of  Int.  Imp. 

Fund.) 
BOUNDARY  LINE:  Resolution  authorizing  the  Goternor  to  appoint 

Commissioners  in  relation  to  the  Boundary  Line  between  this  State 

and  tlie  State  ot  Georgia,  G4. 
BREVARD  :   Act  to  organize  the  county  of,  14. 
CAMPBELL,  HON.  A. :  Resolution  to  defray  the  burial  expenses  of,  66 : 

Pay  and  per  diem  of,  70. 
CALHOUN  COUNTY:  An  act  to  consolidate  the  offices  ot  Sheriff  and 

Tav  Assessor  and  Collector  of,  18;  Records  of,  25;  County  officers,  32. 
CARDS,  COTTON  AND  WOOL:  Resolution  to  facilitate  procurement 

of,  m. 
C.VRPKTS :  At  the  Capitol,  to  be  sent  for  use  of  soldiers,  05. 
CATTLE :  Shipped  or  driven  out  of  the  State,  marks  and  brands  of,  to  be 

recorded,  27. 
C.VVERLY,  JAMES:  Art  for  the  relief  of,  30. 
CERTIFICATES  FOR  MILITARY  SERVICES:  Act  to  provide  foi'  the 

])avment  of,  24;   Act  in  relation  to,  25. 
CERTIFICATES  OF  DEPOSIT:   Intended  to  circulate  as  money,  pro- 

liihited,  51,  .12. 
CHAPLAIN:   For  Florida  Hospital  at  Richmond,  74. 
.CIRCUIT  COURT:  For  Duval  County  may  be  held  at  Baldwin,  11  \   May 

change  names  of  persons,  13;  Terms  of,  in  counliei  of  Walton,  Holmes, 

and  Washitlgtoh,  17;  In  Escflmbia  county,  18 ;  Clerks  of,  may  not  ap" 

point  Deputy  who  is  subject  to  conscript  law,  23i 


IT  I  X  D  E  X  . 

testamentary,  48;   Of  jnd_ir«ients  and  decrees,  48;  Proceedings  in  re- 
gard  to,  49  ;  Lost  papers,  40  ;  Lost  seals,  50  ;  Proceedings  in  equity,  oO 
SALESMEN  AND  KECEIVER  OF  PUPLIC  LANDS :   Location  of  of- 
fices of,  4(5. 
SALT  :  Resolution  relating  to,  G8  ;   Salt-makers  on  the  coasi,  resolution 

for  organizing,  77. 
SAUNDERS,  RICHARD:  Sheriff  of  Leon  countv,  act  for  the  relief  of,  10, 
SCHOOL  AND  SEMINARY  FUND:  Repayment  of  monies  witlidnuvn 

from,  29. 
SEALS:  Lost  or  destroyed,  50;  For  Judges  of  Probate,  09, 
SEMINARY  FUND,  29. 

SEMINARIES  OF  LEARNING:  Board  of  Education  of,  14. 
SECRETARY  OF  STATE  :  Resolution  in  relation  to,  75. 
SHERIFFS:  May  not  appoint  deputy  >vho  is  subject  to  the  conscription 

law,  23. 
SLAVES :  Removal  of,  from  State,  9. 

SOLDIERS:  Not  required  to  pay  poll-tax,  14;  Property  of.  exempt  from 
taxation,  14 ;  Families  of,  requiring  assistance,  19 ;  i^unilics  of,  appro- 
priations for,  19;  Lists  ot  families  of,  to  be  prepared,  19  5  Govei-nor  to 
distribute  funds  for,  20 ;  Duties  of  County  Commssionefs  in  regard 
to,  20;  Governor  may  appoint  agent,  21 ;  Governor  may  cause  money 
to  be  advanced  from  Treasury  lor  assistance  of  families  of,  21 ;  County 
tax  for  benefit  of,  21;  In  service  of  State,  payment  of,  24;  An  act  to 
autliorize  the  Board  of  County  Commissioners  of  the  several  counties* 
in.  this  State  to  levy  a  specific  tax  for  the  relief  of  tlie  soldiers  in  the 
service  of  the  State  or  of  tlie  Confederate  States,  42 ;  Lands  occujiied 
by,  sales  of  suspended,  45 ;  Entries  of  lands  by,  46;  Lands  entered 
by,  not  subject  to  execution,  46;  Sick  in  hospitals,  provision  for,  51 ; 
County  Commissioners  to  relieve,  57;  Canvass  of  votes  cast  by,  55 ; 
Resolutions  in  relation  to  deceased  soldiers,  07;  Registiy  of  names  of, 
68 ;  The  Book  of  Honor,  68 ;  acts  to  be  distributed  among,  77. 
SPECULATION:  30. 

ST.  JOHNS  AND  INDIAN  RIVER  CANAL :  An  act  to  rej^eal  an  act 
to  facilitate  the  construction  of,  34 ;  Commissioners  of,  to  make  rei)ort 
and  transfer  to  Board  of  Trustees  of  Internal  Impi-ovemeut  Fund,  34^ 
STOCK  OWNERS:  An  act  to  protect  the  interest  of,  50. 
TAXES:  Soldiers'exempt  from  poll  tax,  14;  Property  of  soldiers  exempt 
from,  14;  Suspendecl  in  counties  held  or  controlled  by  the  enemy, 
18;  County  for  relief  of  soldiers'  families,  31 ;  Act  reladve  to  the  as- 
sessment of,  27, 
TREASURER :  Books  and  Accounts  of,  75- 

TREASURY  NOTES:  To  be  issued,  19;  Act  to  provide  for  an  additional 
issue  of,  51 :  Denominations  of,  51 ;  Notes  or  change-bills  and  certifi- 
cates of  deposit  intended  to  pass  as  money,  issue  of  prohit?ited,  51. 
TRIAL  :  Of  criminals  during  the  war,  31. 

TROOPS :  In  service  of  3tate  after  March  lOj  1862 ;  Pavment  of,  24. 
TRUSTEES  OF  INT.  IMP.  FUND :  Amjual  reports  of,   10;   Duties  in 
relation  to  Indian  River  Canal,  34 ;  To  furijish  information  in  regard 
to  management  of  Railroads,  73, 
WALTON  COUNTY :  Terms  of  Coitrt  in,  17, 
WAR :  Resolution  in  relation  to  the  present,  70. 
WARD,  J,  J.,  SHERIFF  OF  LAFAYETTE  COUNTY :  Act  for  the  rcf 

lief  of,  16. 
WASHINGTON  COUNTY:  Terms  of  Commissioners'  Courts  in,  $7. 
WILLS :  10  5  Lost,  manner  of  establishing,  48, 


■  ja^'V- 


•p- 


»# 


